Diocese OF Ontari ^ook of Canons, • " -OK THE — Synod of the Diocese of Ontario — AND OV THE- PROVINCIAL SYNOD OF CANADA — WITH A COI.LKCTION OF — SiaiwUs Effecting Ecclesiastical Higl^ts — AND — Form oi- Grants, Bjlouhsts and Trusts for Church Purposes PUBLISHED BY THE AUTHOKITV OF THE SYNOD KINGSTON PRINTED AT THE DAILY NEWS OFFUK l«9t / / BX6(^rci. ^ O 2455Z6 \ \ PREFACE. The work of revising and consolidating the Canons of the Diocese of Ontario had its origin in a resolution passed at the Twenty-Third Session of Synod, June lOth, 1885, when the Chancelloi and Secretaries were " instructed to have printed p. corrected edition of five hundred copies with all Acts of Parliament bearing upon the affairs of the Diocese, together v/ith all resolutions of Synod now in force." (Session XXIII, p. 185.) The Committee reported Oct. i8th 1887 (Session XXV., pp. 506 and 539), setting forth the " necessity of introducing certain amendments and alterations," asking for increased powers, and suggesting that the names of Mr. Walkem, Q.C., and Dr. Wilson, Q.C., be added to the Committee. The Report was adopted the following day (p. 515.) The Committee reported progress May 15, 1888 (Session XXVI., pp. 21 and 53), and asked leave to sit again, which was granted by the adoption of the Report on the following day (p. ii). On June i8th, 1889, the Committee submitted to the Synod for its approval a printed " Draft of the Revised Canons of the Diocese of Ontario," together with a printed sheet oi addenda and errata (Session XXVII, p. 152). The consideration of the Report became the first order of business on the following day (p. 163). and it was finally adopted as amended on June 20th, 1889 (p. 169). —IV— On June igth, 1890, the Revised Canons as passed in 1889 were confirmed with a single amendment, and were signed and sealed by the Lord Bishop in the presence of toe Synod. It was then ordered " that the said Canons, together with the Acts of Parliament which have any bearing on ecclesiastical matters in this Diocese, be printed and offered for sale at a price sufficient to cover the cost of publication" (Session XXVIII, pp. 341-2). These instructions the surviving members of the Commit- tee have at length been able to accomplish, and they now submit the result of their labours to their brethren of the clergy and laity. In doing so they desire to pay a well- deserved tribute to two of their number who have been called to their rest. To the late Chancellor of this Diocese, the lamented Dr. J. A. Henderson, Q.C., is due the present improved form of the Canons, on which he spent weeks of his valuable time, going over them sentence by sentence, omitting needless repetitions, and bringing all parts into complete harmony with each other. The draft thus pre- pared, after revision and amendment by the other members of the Committee, was handed over to the late Dr. Wm. Wilson, Q.C., Law Clerk of the House of Commons, by whom it was put through the press, first for submission to Synod, and again as corrected and amended by Synod at its Twenty-Seventh Session. Nor did his labours cease here ; for having received from another member of the Committee a collection of the Statutes bearing upon the affairs of this Diocese, he prepared for the printer both these ar.d the Canons themselves, supplying those marginal notes and references which add so much to the value of this work. As instructed by (he resolution iinder vyl)ich thtig WQr^^ \ \ \ __v— Was commenced, the Committee have added such of the important Resolutions of Synod as appeared to them to be in actual force ; and to make th volume complete as a Diocesan Manual, they have also ii eluded in it the By-laws of the Board of Diocesan Missions, the Instructions of the Lord Bishop to the Rural Deans, and the Canons of the Provincial Synod, completing the whole with a full Index ; and in view of the amount of labour bestowed on the volume, the probability that many years will elapse before a new edition will become necessary, and the rapidly increas- ing membership of the Synod, they have issued an edition of fifteen hundred copies instead of five hundred only. RICHARD T. WALKEM, Chancellor. A. SPENCER, Clerical Secretary. R. V. ROGERS, Lay Secretary. Kingston, Epiphany, 1891. TABLE OF CONTENTS. Preface m Table of Contents '. v Declaration of Synod xiii Part I. CONSTITUTION. Canon. page. I. Membership i II. Organization 7 III. Order of Proceedings 8 IV. Rules of Order lo V. Contested Seats in Synod 12 VI. Seal of Synod 14 Part II. ADMINISTRATION. VII. Duties of Officers 15 VIII. Committees 19 IX. The Executive Committee 20 X. The Audit and Accounts Committee 22 XI. The As-sessment Fund 25 XII. The Diocesan Mission Fund 27 XIII. The Domestic and Foreign Mission Fund 28 XIV. The Episcopal Fund 3° XV. The Clergy Trust Fund 3° XVI. The Widows" and Orphans" Fund 34 XVII. The Clergy Superannuation Fund 37 XVIII. The Divinity Students' Fund 39 — VIII — , Canon. page. XIX. The Rectory Lands Fund 40 XX. The Surphis Revenue of the Kingston Rectory 43 XXI. The General Purpose luind 45 XXIl. The Church Book Depository 46 XXIII. State of the Church 46 Part III. MISCELLANEOUS. XXIV. Election of a Bishop and Subdivision of the Diocese .... 48 XXV. The Patronage of the Rectories 50 XXVI. Delegates to the Provincial Synod 50 XXVII. The Diaconate 52 XXVIII. The Presiding Bishop 53 XXIX. Discipline 53 XXX. Vestries 61 XXXI. Custody of Deeds and Parish Registers 67 XXXII. Parsonages 67 XXXIII. Parishes and their Boundaries 70 XXXIV. Endowment of Parishes 72 XXXV. Erection of Church Buildings 73 XXXVI. Christmas Offertory 73 XXXVII. Unauthorized Collections 74 XXXVIII. Interpretation and Repeal of Existing Canons 74 Part IV. Resolutions of Synod 77 Mission Board Rules, &c 85 Instructions to Rural Deans 90 Part V. STATUTES RELATING TO THE CHURCH, SYNODS, &c. 3 Vict. (U.C.) C. 74, The Church Temporalities Act 93 39-30 Vict. (Can.) C. 15, Preceding Act Amended , loi Trusts Authorized by the Church Temporalities Act 104 7 Vict. (Can.) C. 68, Church Societies in the Dioceses of Quebec and Toronto incorporated 106 Trusts authorized by the foregoing Act 113 — IX — PAGE. 19-20 Vict. (Can.) C. 141, Meeting in Synod authorized 114 22 Vict. (Can.) C. 139, Preceding .\ct amended 116 25 Vict. (Can. ) C. 86, Synod of Ontario incorporated 117 R. S. O. (£7) C. 236, Rectories 123 29-30 Vict. {C^'^.) c. 16, Sale of Rectory Lands . . . , 125 29-30 Vict. (Can.) C. 17, Preceding Act Amended 127 39 Vict. (Ont.) C. 109, Synod and Rectory Sales Acts of the Diocese of Ontario Amended 128 R. S. O. (87) C. 237, Property of Religious Institutions 131 52 Vict. (Ont.) C. 54, Preceding .Vet amended 144 R. S. O. (87) C. 40, Registration of Births, marriages and deaths 145 R. S. O. (87) C. 131, Solemnization of Marriage 153 51 Vict. (Ont. ) C. 20, Preceding Act Amended 164 28 Vict. (Can.) C, 7, Validity of Acts of foreign ordained clergymen .... 165 37-38 Vict, (Imperial) C. 77, Colonial and other clergy 167 List of other Acts affecting ecclesiastical rights in this Province 174 Forms of C'onveyance 176 Forms of Bequests 183 Forms of Trusts . 184 Part VI. PROVINCIAL SYNOD. Declaration of Provincial Synod igi Constitution of Provincial Synod 193 Permanent Order of Proceedings igg Order of Proceedings of Lower House 200 Rules of Order 201 Canon I.— On Election of Metropolitan Bishop 207 II. — Submission cf Clergy to Canons 208 III. — On the powers of the Metropolitan 209 IV. — On the trial of a Bishop 210 v.— Court of .\ppeal of Metropolitan 215 VI, — Ministering in Parishes 219 VII, — Letters testimonial 220 VIII. -Episcopal re.3ignations 221 IX. — Sulxii vision of Dioceses 221 X. Officiating of strange clergymen 322 I'AGtf, XI. — Missionary Bishops 222 XII. — Altering the order of public service 224 XIII. — Alterations or additions in Prayer Book and Version of Scriptures 233 XIV. — Of the oaths and subscriptions of the Clergy 234 XV. — Of the Consecration of a Bishop 235 XVI. — Of Marriage within the prohibited degrees 240 XVII. —Of lay readers 241 XVIIl.— Of the Diaconate 242 XIX. — On the Constitution of the Domestic and Foreign Mission- ary Society , 242 XX. — On the representation of the Missionary Diocese of .\lgoma 245 Index 251 — XIII — f " THE DECLARATION OF THE SYNOD OF THE DIOCESE OF ONTARIO. As adopted April gth, A. D. 1S62. DECLARATION. We, the Bishop, the Clergy, and Representatives of the Laity of the United Church of England and Ire- land, within the Diocese of Ontr.rio, assembled in Synod, and intending, under God's blessing and guidance, to consider and determine upon such matters as shall appear necessary for the welfare of the Chjrch in this Diocese, desire to make a declaration of the principles upon which we purpose to proceed. We desire that the Church in this colony shall continue, as it has been, an integral portion of the United Church of England and Ireland. As members of that Church, we recognize the true Canon of Holy Scripture, as received by that Church, to be the rule and standard of faith ; we acknow- ledge the Book of Common Prayer and Sacraments, together with the Thirty-nine Articles of Religion, to be the true and faithful declaration of the doc- trines contained in Holy Scripture ; we maintain the form of Chi'.ich government by Bishops, Priests, and Deacons, as Scriptural and Apostolical ; and we declare our firm and unanimous resolution, in dependence on Divine aid, to preserve those doc- trines and that form of Church government, and to transmit them to our posterity. In particular, we uphold the ancient doctrine of our Church, that the Queen is rightfully possessed of the chief government or supremacy over all per- sons within Ijer dominions, in »U Qaqses whether — XIV — ecclesiastical or civil ; and we desire that such supremacy should continue unimpaired. It is our earnest wish and determination to confine our deliberations and actions to matters of discipline, to the temporalities of the Church, and to such regulations of order as may tend to her efficiency and extension ; and A^e desire no control or authority over any but those wh( are, or shall be, members of the said Church. We conceive that the following, and such like subjects, may fitly come under our consideration, and lead to action on our part : — 1. To frame a Constitution for the Synod, and to regulate the time and place of its meetings, and the order and manner of its proceedings. 2. To provide for the proper exercise of ecclesias- tical discipline, in regard to both Clergy and Laity. 3. To provide for the extension and temporal well-being of the Church, and the support of the Clergy and schoolmasters, for the maintenance of public worship, and the diffusion of a sound religious education. 4. To promote and regulate the building and con- secration of Churches, and the erection of Parson- ages and school-houses. 5. To provide for the division of the Diocese into Parishes, with regulations for future sub-divisions. 6. To provide (with consent of the Crown, where needed) fit regulations for the appointment of Bishops, Priests, and Deacons. 7. To regulate the fees for marriages and other offices of the Church. 8. To provide (with the consent of the Crown) for the division of the Diocese into new Dioceses, either forthwith, or at any future period. — XV — g. To procure from the Colonial Legislature any laws, or modification of laws, which the circum- stances of the Church may require. These are subjects which will supply abundant employment for our Synods, and they are such as the circumstances of the Church in this Province imperatively require the Clergy and Laity to deal with. In conclusion, we humbly pray that the God of unity and peace may be with us, and so chasten our affections, purify our motives, and guide our judg- ment, that we may be enabled to contribute to the efficiency, concord, and stability of the Church in this land. Diocese of ©ntario. CANONS PART 1. CONSTITUTION CANON 1.— MEMBERSHIP. 1. The Synod shall consist of the Lord Bishop of o« whom the the Diocese and any coadjutor or assistant Bishop co'^ls'jstf''*" thereof, or the Bishop presiding under the Canon respecting the Presiding Bishop ; of the Priests and Deacons of the Diocese licensed by the Bishop and those superannuated Clergymen of the Diocese who are in good standing ; and of Lay representatives elected as hereinafter provided. 2. The Clerical Secretary, under the direction of Entry o» names the Bishop, shall enter the names «of those Clergy- °° ''*'• men who are entitled to seats in the Syncd on the Synod list hereinafter mentioned. 3. The Lay representatives shall be male com- Qualification municants of the full age of twenty-one years, who Lay^iepfe°sema- have communicated at least three times within the """• — 2 — previous year ; they shall be elected as hereinafter provided at the Easter meetinsj held by each Clergy- man having a separate cure, or at any meeting specially called by him for that purpose by giving due notice thereof during Divine Service on the two Sundays next preceding the meeting. In case ot a vacancy in the cure the Easter meeting shall be called by the churchwardens' affixing v. notice of such meeting to the outside of the outer main entrance church door at least one week previous to such intended meeting. Who may vote at elections. Proviso. 4. All lay persons within the cure, of twenty-one years of age and upwards, who, at the time of the election, have registered and declared themselves in writing in a book provided for that purpose by the ?arish to be habitual worshippers with that con- gregation and members of the Church of England in Canada, and of no other religious body, sliall be entitled to vote at the election : Provided, that no such person shall vote at the election of Lay representatives in more than one congregation in the Diocese within the year. whoshaiipre- ^ yj^g Incumbcnt, if present, or in his absence, the Curate, or, in case neither the Incumbent nor the Curate be present, or if there be a vacancy in the cure, a Chairman chosen by the majority of the electors present shall preside at the election. Number and 5_ Each Separate cure shall be entitled to three seniority of ^ . 1 1 11 • • rr representatives. Lay representatives who shall continue in otnce until their successors are appointed. Except in the case of a first election, in each such cure, the Lay representatives shall serve for three years. One of the representatives shall retire annually, but he may be re-elected. The Lay representatives shall be f those who, being otherwise qualified, shall receive the highest number of votes at the meeting for their election. In the case of a first election in a cure the person having the highest number of votes shall be entitled to sit for three years, the next highest for — 3— two years, and the next highest for one year. When i,ti,e,e;,rc tliere are two conjafregations in tlie same cure having moieconKreRa. churches, that which lias the largest number of votes "°"*' *""'"'• shall be entitled to two Lay representatives and the other to one. When there are three congregations having churches each shall be entitled to one Lay re- presentative ; and in case there are four or more congregations in a cure having churches, the largest and the next largest congregation shall each be en- titled to one Lay representative, and the remaining congregations shall have the right to unite and elect the third Lay representative. 7. No Lay representative of any Parish or Mission Assessment which has not paid its assessment and arrears (jf '""»' "^p^"'- any), shall sit or vote in the Synod until such assess- ment and arrears (if any), have been paid. When,, , . r 1 • 1 •!• 1 . No repiesciita- the cure is vacant from the inability or neglect of iiun if parish i» the Parish or Mission to support a Clergyman, the "'"'"" Lay representatives shall, after the expiration of one year from the vacancy caused by such inability or neglect, cease to have seats in the Synod. 8. The Chairman of the meeting shall, without Return to the delay after each election, send to the Clerical Secre- ur".'^'^ ^'^'^' tary of the Synod the amount assessed on the Parish or Mission, together with a certificate according to the following form : — ■DIOCESE OF ONTARIO. Form of return. Parish of Congregation of I Herhuy Certify that at the ineeting for the election of Lay representatives for this Parish held on the day of A.I). 18 d u!y elected to repre- sent the Congregation in the Synod of the Diocese for the nexi years. The following persons being of full age and who have communicated at least three times during the past year are the representatives of this Parish : —4— NAMK. I'.O, AUUKKSS. for the next three ycnrs. " tivo " one " Chairman. Date I also forward herewith the assessment of the Parish, $ To the Clerical Secretary of the Synod. N. B. — This Certificate should be sent to the Clerical Secretary immediately after the election of Lay representatives. Names to be g. On the receipt of sucli certificate the Clerical entered on list. Secretary of the Synod shall enter the names of the Lay representatives on the Synod list to be pre- pared by him, which he shall cause to be printed and sent to each of the Clergy and the Lay repre- sentatives ten days before the meeting of the Synod ; Note appended and at the foot of the list the Secretary shall place a note stating that the Lay representatives of of any Parish or Mission, the assessment on which lias not been paid, may not sit or vote until such assessment and arrears (if any), have been paid. to list. Certificate for ^°* The Chairman of the meeting shall furnish representative, each Lay representative with the following certifi- cate : — Korin of ccnifi- cate. •DIOCESE OF ONTARIO. Parish of Congregation of I Hereby Certify that is a duly elected Lay representative of this Parish in the Synod of the Diocese [and that he has proved -5- to me by certificate from his Parish Clergyman that he lias communicated three times within the past year] . Chairman. Date. N.R. — In casf llm I,ay representative is a resident member of the Congrega- tion for which he is clerted th'; words in lirarkets are to be erased. No Lay representative may sit or vote in Synod until the assessment due l)y his Parish is paid. IT. No Lay representative shall be permitted to to be produced take a seat in the Synod or act ar> a Lay representa- "'^J'""'^- tive until he has produced the certificate referred to in the preceding section, or has afforded suffi- cient proof of his qualification and, election. 12. If any Lay representative is elected for more Double return than one Parish, he shall, within one week after parUh.""" receiving notice thereof from the Clerical Secretary, (whose duty it shall be to send such notice) select the Parish which he intends to represent, and shall signify the same to the Clerical Secretary who shall at once notify the Incumbent or Incumbents or, in case of a vacancy, the churchwardens of the other Parish or Parishes for which such Lay representa- tive has been elected; and thereupon such Incumbent or Incumbents or wardens shall proceed to call a ^j^^ gip^,;^^ ;„ meeting for a new election in the manner specified such case. in section three of this Canon. Such new election shall take place within fifteen days from the receipt of the notification from the Clerical Secretary. In case such Lay representative fails to make such selection and to signify the same as hereinbefore if selection ot required, his several elections shall be void and of p*''.^'' is not 1 ' insiclc. no effect, and the Clerical Secretary shall within ten days after the expiration of the time allowed for making such selection notify the Incumbents, or, in case of vacancy, the wardens of the several Parishes ! ■ requiring them to proceed to a new election to fill the vacancies so occasioned. Vacancies, how tilled. -6— 13. In the event of a vacancy occurring in the Lay representation of any Parish or Mission, from any cause whatever, the Incumbent or, in case of a vacancy, the churchwardens of such Parish or Mis- sion shall, in the manner and within the period specified in the next preceding section, proceed to hold a new election ; and the voters at the last election shall be entitled to vote at such new election without further registration. The person elected to fill any vacancy shall serve for the unexpired term of the representative in whose stead he is elected. When seat shall 14. If any Lay representative declines to serve, vacam!"^*^ or at any time resigns his seat in the Synod, or removes from the Diocese, the said seat shall become vacant; and if any Lay representative secedes from the Church of England in Canada, or abstains from the Holy Communion for the space of one year, or wilfully absents himself for six calendar months from attendance at a place of worship of the Church of England in Canada, or is convicted of any in- New election in dictablc offcuce, he shall thereupon forfeit his seat ; such case. and the Incumbent or, in case of vacancy, the churchwardens of the Parish or Mission of which he was the Lay representative shall, within fifteen days after being made acquainted with such vacancy or forfeiture, proceed to hold a new election. If the Proceedings in Incumbcut ncglccts or refuses to hold such new caseo negect. g|g(,^JQjj after receiving a written application for a meeting for such purpose signed by three persons , having the right to vote at the election of Lay representatives, and if a Sunday has passed without such meeting being called by him, any three such voters may call a meeting for such election by a notice affixed on the outside of the main entrance door of the church at least one week previous to such intended meeting. Payment of ox 15. It is the duty of cvcry Parish to provide for penscs. ,jj^^j j^,^y |.jj^, necessary expenses of its Clergy and Lay representatives incurred by attendance at Synod. —1— CANON II.— ORGANIZATION. 1. The Synod shall meet annually, or oftener at Meetings ot the discretion of the Bishop, who shall appoint the Synod, time and place of meeting, and shall adjogrn or pro- rogue the Synod as appears to him expedient. 2. To constitute a quorum of the Synod for the Quorum, transaction of business one-fourth of the whole number of the Clergy on the Synod list must be present, and one-fourth of the Parishes on the said list must be represented. Each Parish may be represented by one Lay representative. 3. No act or resolution of the Synod shall be valid o°dMs"*"" *** without the concurrence of the Bishop and of a ma- jority of the Clergy and of the Lay representatives present. This section, so far as it requires the con- Exception, currence of the Bishop, shall not apply to the elec- tion of a Bishop. 4. All Committees of Synod shall be named by Appointment of ,',,., , ,.-' . , ., . •' conimittces. the Bishop, unless their nomination be otherwise provided for. 5. Members of Standing Committees and the elec- Term of office tive officers of Synod shall hold office until the ap- pointment or election of their successors. The Bis- hop may fill up until the next meeting of Synod any vacancies among the officials of the Synod or in the Committees occurring from any cause whatsoever. 6. The officers of the Synod shall consist of a officers. Clerical and a Lay Secretary, and a Treasurer, who shall be members of the Synod and shall be elected annually after the introduction and consideration of the report of the Audit and Accounts Committee. The Clerical Secretary shall be elected by a majority Their election. of the Clerical members of Synod present, and the Canons. — 8— Lay Secretary by a majority of the Lay representa- tives present. The Treasurer shall be elected by a majority of both orders present. Alteration o» 7, No pioposition for the alteration of any Canon Cannna 1111 •« 1 1 1 1/-* I 1 shall be considered or voted on by the Synod unless the proposition has been first sent to the Executive Committee, who shall cause it to be printed and sent to the members of the Synod ; and such propo- sition, if concurred in by the Synod, shall lie over until the next Session, and if approved at that Session by the Bishop and a majority consisting of two- thirds of both orders present, it shall be adopted and take effect. rft°"ena7pass- ^' On the final passing of a Canon it shall be en- "' grossed in the book of Canons, and shall be read by one of the Secretaries in Synod, and the Common Seal of the Synod having been attached thereto, the Bishop shall by his signature attest the same. CANON III.— ORDER OF PROCEEDINGS. nivine service I. The first meeting of the Synod in each session bekire meeting, gj^^j] ^^ preceded by public morning or evening prayer and a celebration of the Holy Communion together with a sermon ; and the collection at the offertory shall be applied as the Bishop appoints. A.imissionof 2. After Divinc Service on the' first day of meet- ti'vei.'^'"^'^''*'""' ing for business the Lay Secretary shall attend at the place of meeting to receive the certificates of the Lay representatives, which shall be examined by him and a Committee of two Lay representatives previously appointed by the Fiishop for that purpose. 3. The Synod shall be opened with prayer ; the Clerical Secretary shall then from the Synod list call tile^ruu." '"^ over the names of the Clergy entitled to sit, noting those who are in attendance; and the Lay Secretary shall from the said list call over the names of the several Parishes and Missions entitled to represen- tation and of their Lay representatives, noting those in attendance. 4. The next order of proceedings shall be the in- Aiuiitipportand ,j,. ] .,'. ri r I election ot trodnction and consideration of the report of the otiiceis. Audit and Accounts Committee, after which the election of the officers and of the Audit and Accovints Committee shall be proceeded with. 5. After these proceedings, and on all other days "J^^!f' "'^ ''"'''" after Divine Service and the opening prayer, the order of business shall be as follows : (a) Reading, correcting, and approvingthe minutes Minutes. of the previous meeting. (b) Appointing Committees. committees. (c) Presenting, reading, and referring memorials com and correspondence. (d) Presenting, reading, discussing, and, if deemed Reports. advisable, adopting reports of Committees in such order as the Bishop determines. (e) Giving notices of motions. Notices. (/) Taking up unfinished business. iVusinesl?'' {f;) Consideration of motions. Motions. 6. An address from the Bishop shall be in order ofshopl* '''' at "ny.time. niiinica- tions. 7. The election of Delegates to the Provincial vinciarHyn^i Synod and of the Board of Diocesan Missions shall 003,''^'*'"°" take place at noon on the second day of the Synod on which a morning sitting is held. . 8. The minutes of the proceedings of the last day r.«»t Hay's of each Session shall be read and confirmed before """"'"• the close of the Session. —10 CANON IV.— RULES OF ORDER. Members to sit. I. When the Bishop or other person presiding has taken the Chair, no member shall continue standing. AddressiiiK thp 2. When any member is about to speak for the ^''*"- information of the Synod, he shall rise and address himself to the Chair. Motions to be in 3- No motioti or amendment shall be considered writing. as before the Synod (excepting such as is proposed by the Bishop, or by a Committee), unless seconded and reduced to writing. To prevent surprise, no Notice. motion, except a motion in course, shall be considered until tiie SL'cceeding day of meeting, notice thereof having been first given. Order oi speak ^_ j^q mcmbcr shall speak more than twice on the same question, without permission from the Chair. Certain motions to have prece- dence. 5. When a question is under consideration, no other moti »n shall be received, unless to adjourn, to move the previous question, to lay it on the table, to postpone it to a certam time, to postpone it inde- finitely, to commit it, to amend it, or to divide on it; and motions for any of these purposes shall have precedence in the order here named. Decision with- out debate. 6. Motions to adjourn or to lay on the table shall be decided without debate. Withdrawal ol motion. 7. When a motion has been read to the Synod by the Secretary, it may not be withdrawn by the mover, without the consent of the Chair. Motion tQ be nad. 8. Any member may require, at any period of the debate, that the motion under discussion be read for his information. — 11— Q. A member called to order while speaking shall Mrmbet called sit down, unless permitted to explain. tooi,iti. 10. All ([uestions of order shall be decided by the yuestionsot Chair. " °^'^'"- 11. An amendment to an original motion shall, in order of consM- discussion, take precedence of such motion ; an ^"'*'°"' amendment to an amendment shall be first con- sidered, then the amendment to the motion, and lastly the motion itself. 12. No more than one amendment to a proposed Amendmenis. amendment to a motion shall be in order; yet a substitute for the whole matter may be proposed and received, provided it deals directly with the subject in hand. 13. Whilst any question is being put from the °ues7iJ^''il^i,ut. Chair the members shall continue in their seats, and shall not hold any private discourse ; and when a motion is so put, no member shall retire until such motion is disposed of. 14. When a division takes place the votes of the ^y\^i,*i°"* '""' Clergy and Laity shall be taken separately, if re- quired by the Bishop or four members of each of the respective orders ; and the Lay representatives shall in all sjch cases vote by Parishes, and when so voting, the vote of the majority present shall be con- sidered as the vote of the Parish. 15. In voting, those who vote in the affirmative order of voting, sliall first rise, and then those who vote in the nega-\ tive. 16. A question once determined sliall not again be Nore<:on»id brought under discussion in the same Session without ' the special sanction of the Bishop or other person presiding. — 12— Rprouiinu votes 17, Nq piotcst Of dissciit shall be entered on the minutes of the proceedin^js; but, when required by any one member, the number of affirmative and negative votes shall be recorded, and when required by three of either the Clergy or Lay representatives, the names of the Clergy and Parishes voting on either side of the question shall be also recorded. mittees. Reports of com- 18. Every report of.; Committee shall be in writ- ing, shall be signed by the Chairman, and shall be received in course, unless a motion be made for its re-committal. Explanation of iQ. The Chairman of the Committee, or some "''"'"*■ member deputed by him, shall explain to the Synod the bearing of any portion of the report, if requested by any member of the Synod. Suspension of 20. A motiou to suspcud the order of proceed- '^"'"' ings or the rules of order shall take precedence of all other motions, and shall be decided without de- bate ; and no order of proceedings or rule of order shall be suspended, except upon the unanimous con- sent of the members present. Adjournment. 21. When the Syuod is about to adjourn, every member shall keep his seat until the Bishop or other person presiding has left the chair. CANON v.— CONTESTED SEATS IN SYNOD. Claim to scat I. Any member of the Synod or any person may be con- ^'xiii i. iiU ii' r t tested an.i how. entitled to votc at the election of any Lay repre- sentative whose right to a seat is disputed, may object to the claim of any person on the Synod list to take a seat in the Synod, provided that — 13— the objection, together with the grounds thereof, be transmitted by him in writing to the Clerical Secretary, and to the person so objected to, one week at least before the meeting of Synod ; pro- vided also, that objection may be taken and given during the session of the Synod to any person whose name has not been entered on the Synod list by the Clerical Secretary, as provided by the ninth section of the Canon respecting Member- ship ; and any objection made shall be heard and decided upon forthwith by the Court hereinafter constituted. 2. The Chancellor of the Diocese or, in his i^edsicnof , ..... 1-1 contestation. absence or inability to act, any barnster-at-law, being a member of the Synod, who is appointed by the Bishop, together with two Clerical and two Lay members, also appointed by the Bishop on the first business day of the Synod previous to Divine Ser- vice, whose titles to seats are not disputed before the Synod, shall be a Court to consider such objec- tion and to adjudicate thereon; and to this Court shall be referred for final adjudication all cases of Doubtful cenifi- doubtful certificates submitted by the Clerical Sec- '"'' "^' retary or by the Committee appointed to examine J^«"^j^j'^^'>'°i'« the certificates of Lay representatives. The deci- sion of the majority of the Court, which shall be itseflect. accepted as the decision of the Court, shall be immediately reported to the Synod for its informa- tion, and shall be final. -14 - CANON VI.— SEAL OF SYNOD. Seal and custody thbieol. Its use. 1. The Seal now used by tlic Incorporated Sy- nod of the Diocese of Ontario, an impression whereof appears in the margin, is and shall be the common Seal there- of ; and the Chancellor t f the Diocese shall, on behalf of the Synod, have the care and cus- tody of the said Seal. 2. The Bishop is here- by authorized to exe- cute all deeds and docu- ments which require to be sealed, and which, from time to time, are required to be executed on behalf of the Synod, pur- suant to any resolutioti of the Synod, or of the Exe- cutive or any other Committee of the Synod. Execution o( deeds. 3. The mode of execution of such deeds and docu- ments of the Synod as require to be sealed, shall be by the Bishop causing the said common Seal to be affix- ed thereto and by his signature attesting the same. Deeds attested valid. 4. All deeds and documents heretofore attested by the Bishop, and sealed with the said Seal, are here- by acknowledged as the deeds of the Incorporated Synod of the Diocese of Ontario, and binding thereon. —15— PART II ADMINISTRATION. CANON VII.— DUTIES OF OFFICERS. I. The duties of the Clerical Secretary shall be: — clerical secre- ■' tary. (a) To preserve all papers, memorials, and other Documents and * correspondence. documents, to conduct correspondence, to attest the public acts of the Synod, and to deliver to his suc- cessor in office all records, books, and documents under his control ; (6) To enter and record in separate books the Entry oi minutes of the proceedings of the several Standing '"'""*^^' Committees; . (c) To cause the proceedings of each Session of PrintinR pro- Synod to be printed and distributed to its members "«'*'"•?«• within two months from the close of the Session ; (d) To receive all moneys paid to him under the Receipt and de- authority of the Synod, to acknowledge the receipt p""*' °' "'"n^-ys- of the same, to keep them safely, to enter the sev- eral amounts in books suitable for the purpose under such regulations as are made from time to time by the Synod, or the Executive Committee, or such other Committee as is appointed for the purpose, and to deposit such moneys to the credit of the Synod in such chartered bank or banks of Canada as are from time to time approved of by the Execu- tive Committee ; — 16— Reporting funds (^) Whcii there are funds requiring investment, to for invustment. , . , * " . report such fact to the Investment Committee to the end that action may be taken thereon by them at their earliest convenience ; Care of securi- ties. Statement of financial aflairs, Security to be given. (/) To take charge of all mortgage securities, and to have joint custody, with the Treasurer and the chartered bank or banks aforesaid, of all other Synod securities; (g) To submit annually to the Auditors a full statement of the transactions connected with each fund, together with a list of the securities belonging thereto, and a balance sheet, as provided in the Canon respecting the Audit and Accounts Com- mittee ; (h) To give security, under such regulations as are made from time to time by the Executive Com- mittee, for the proper performance of his duties and for the safe custody and deposit of all such moneys as come into his hands as Clerical Secretary ; (t) To attend to all business of the Synod when not in session under the direction of the Bishop or of the Chairman for the time being of the Executive Committee ; ij) To issue, under the direction of the Bishop, a circular ten d:iys at least before the meeting of Synod to the Clerical and Lay members thereof, stating the time and place of meeting, such business as he is directed by the Executive Committee to specify, such notices of motions as have been pre- ^ viously sent to him, and the order in which such motions and the business of the Synod are to be considered ; General duties. (k) Generally to perform such functions as are as- signed to him from time to time by Canon or by resolution of the Synod. Transaction of business. Issue of circular anii- bers. 6. When no other provision is made, one-third of the members of any Committee shall be sufficient for the transaction of business. The Clerical and Lay Secretaries and the Treasurer shall, by virtue of their offices, be members of all Standing Com- mittees. CANON IX.— EXECUTIVE COMMITTEE. Constitution of Kxecutive Com mittee. Who shall pre- side. Quorum, I. There shall be an Executive Committee consist- ing of twenty members nominated by the Bishop at the annual session of the Synod, ten members being chosen from the Clergy and ten members from the Lay representatives. In addition to the twenty members so nominated, the Chancellor, the Regis- trar, the Lay and Clerical Secretaries, the Treasurer, and the Chairmen of the several Standing Com- mittees shall be members of the Executive Com- mittee. The Bishop shall preside, and in his absence from the Diocese and in the absence of his Com- missary the Committee shall elect a Chairman for the time being. Seven members shall be sufficient for the transaction of business. — 21 — 2. Immediately after the close of the annual Ses- Appnintmem o« sion of Synod, the Executive Committee shall meet for the purpose of appointing the two Official Auditors referred to in the Canon respecting the Audit and Accounts Committee ; such Auditors need not be members of the Synod. 3, (a) In the event of any matter arising, when Aciion in case o» the Synod is not in Session, respecting the rights or ^'"»rK«>«=)'- property vested in or controlled by the Bishop or the Synod, which requires prompt action, the Executive Committee may institute or defend legal proceedings in relation thereto in the name of the Synod ; it may make or concur in any settlement or agreement made in relation thereto with other parties who are interested therein, and generally may do and per- form all acts in respect thereto which the Synod might do or perform when in Session. (b) The Executive Com.mittee shall receive re- Action upon r 111 /^ • 1111 reports. ports from all other Committees, and shall examme and confirm, or refer back the same with instructions for reconsideration ; and in the event of any such Committee reaffirming its report so referred back, the Chairman shall have power to decide the point or points in (juestion. (c) It shall submit to Svnod at its annual Session Report of its r • ,• "• jii.i- • proceedings. a report of its proceedings since the last Session. (d) The payment of all accounts and of such ''«yment oi moneys as are properly payable by the Synod must be authorized or sanctioned by the Executive Com- mittee. (e) It shall prescribe what matter shall be con- f^ontemt of tained in the circular directed to be issued by the*^'"^"*^ Clerical Secretary announcing the meeting of Synod, in addition to what is prescribed to be inserted in it. (f) It may delegate any of its powers to a sub- sub.commi«ee. committee. -22 — Investment a. The Investment Committee shall be a Sub- Cominiltee anc" ^ . r i i- • ^- ■ i i n its duties. committee of the Executive Committee, and shall consist of the Chancellor, the Registrar, the Clerical and Lay Secretaries, and tlie Treasurer. The duty of the Investment Committee shall be to invest, take up and re-invest such funds of the Synod as may be necessary in Government securities, municipal de- bentures, the stock of any permanent buiidinj:: so- f'owcis in sale cicty, or in first mortgages on real estate ; ami with oi Rectory lands ^j^^ "i^gctors interested, may act for and represent the Executive Committee in all matters connected with the fourth, Hfth, and eighth Sections of the Canon on Rectory lands. The said Committee shall present to the Executive Committee at each of its regular meetings, or when retpiired, a statement showing the nature of each investment and the amount in- vested. The Committee shall elect a Chairman and shall meet at the call of the Clerical Secretary. Three members of the Investment Committee shall be sufficient for the transaction of business. The Investment Committee may authorize the Bishop to execute, under the seal of the Synod, full or partial discharges of all mortgages which have been paid up in full or in part. Statement, Chaii man and quorum. Di::charges of inortKaKes. C.\NON X.— AUDIT AND ACCOUNTS COM- MITTEE. Constitution ot Audit Com- mittee. 1. The accounts ot the Synod shall be kept and audited untler the direction and supervision of a Committee, to be called the Audit and Accounts Committee, which shall be coniposea ot two Laymen and one Clergyman, members of the Synod, and shall be elected at each annual meeting of Synod, after the introduction and consideration of the re- port of the Audit and Accounts Committee. — 2J— 2. The Executive Committee shall make some "'»'>'< «» i>e chartered bank of Canada the custodian, with the "'^ "''"" " Clerical Secretary and the Treasurer, of the securi- ties, other than mortf^ages, and funds of the Synod, on such terms as are agreed upon between such bank and t'"'e Jixecutive Committee. The bank ac- lunk account, count ol"t'.!> Synod shall'be kept in the name of the ''"''' ''•"i"- Incorpora, Synod of the Diocese of Ontario, and no inonty siiall be withdrawn from the bank, except by che^jue signed by the Clerical Secretary .and -the ch.iques. Treasurer of the Synod, and countersigned by the Bishop or, in case of his absence from the Diocese or of his inability to act, by the Chancellor of the Diocese. A. The Audit and Accounts Committees shall, R"'es;oi'f ^ . . f , . , iiaint!(l as to as occasion requires, irame rules respecting the accounts, keeping of the books and accounts by the otticer charged with that duty, wliich rules shall, before coming into force, be submitted to and approved of by the Executive Committee. 4. The Audit and Accounts Committee shall frame as n, acknow- 1 i- ^1 I II i r leilKliK'iits and rules respecting the acknowledgment 01 moneys audit. received, the precautions to be taken to insure an effective audit of the accounts, and the moile in which the audit shall be conducted, which rules shall, before coming into force, be submitted to and ap- proved of by the Executive Committee. 5. The Audit and Accounts Committee shall re- Kejortotthe ceive the report of the Auditors appointed as here- rerewed.'" * inafter provided, examine the same and the state- ments submitted therewith, and examine all the securities belonging to the Synod, prior to the annual meeting thereof, and compare the same with the said statements, and shall submit the said Auditors' report, together with their own report on such examinations, and on the state of the accounts generally, to the Synod at its annuiil meeting. The said report shall be printed and ready for distribu- tion at the opening of the Synod. Statements tor auditors. —24— 6. F'ull statements of the transactions in connec- tion with each fund during the past j'ear, with a list cf the securities belonging thereto, and a balance sheet, shall be submitted by the Clerical Secretary to the Auditors immediately after the close of each financial year. Audit of ac- counts. 7. The accounts of the Synod' >hall be audited an- nually by two skilled Accountants, who shall be ap- pointed annually by the E.xecutive Committee at its first meeting after tiie meeting of Synod. They shall make a thorough examination of the accounts, and submit their report and statement to the Chairman of the Audit and Accounts Committee within three weeks after the close of the financial year. Term of office. 8. No Auditor shall be eligible for more than two years in succession. Payment and attendance of auditors. 9. Each Auditor shall receive for his services the sum of fifty dollars a year, or such sum as the Ex- ecutive Committee from time to time determines, and he shall attend the meetings of the Audit and Accounts Committee and the meeting of Synod while the Auditors' report is under discussion. guorum. 10. Two members of the Audit and Accounts Committee shall be a quorum for all purposes. Fiscal year. n. Each fiscal year shall terminate ou the thirtieth day of April, and the accounts, statements, and audit shall be made up to and cover that day, and all the Synod accounts shall be closed and balanced up to that date. —25— CANON XI'.— ASSESSMENT FUND. 1. There shall be a Finance Committee composed constitution of /. • , ..... , , , '. !• malice (,oiii- ot SIX members, in addition to the members by virtue miitee. of office, which Committee shall superintend the Fund hereinafter mentioned and the carrying into effect of the provisions of this Canon. 2. The Assessment Fund shall consist of assess- Assessmeiit ments levied on all the Parishes and Missions in the Diocese, and of a percentage upon the gross rev- enues of all the funds under the control of the Synod, except the Episcopal F'und ; and such assessments and percentage shall be ascertained as hereinafter provided. 3. The Finance Committee shall, if no such list pir-sjies*'"'" "' already exists, prepare a list of Parishes and Mis- sions and shall arrange them in seven classes, and in each case the assessment payable shall be that placed opposite the number of the class set forth hereunder, in which the Parish or Mission is in- cluded : — Class I f6o Class 5 $15 " 2 40 " 6 TO " 3 30 " 7 5 " 4 20 Provided always that the Finance Committee, Remission of with the consent of the Synod, may for sufficient »^'^''*'"'«"'- cause shewn, remit the assessment of any Parish or Mission. 4. No Parish or Mission shall be transferred from '-"^n««"fciass. one class to another, except upon report of the Fin- ance Committee concurred in by the Synod. t^ 1 » 1 II I 1 „..].„.. When asse»«- 5. Every such assessment sliali be due and pay- ,„e,u isiiue, able on or before the thirtieth day of April in each year. —26— Estimates to be be piepaied. 6. At the meeting of the Finance Committee in the month of May in each year, the Committee shall prepare an estimate for the coming year of the prob- able outlay chargeable on the Assessment l*und in accordance with the provisions of this Canon, and also an estimate of the revenue to be derived from the assessment of Parishes above mentioned, and shall strike a rate of assessment sutticient to meet the difference between such two estimates upon the gross revenue of the several funds under the control and management of the Synod. Assessment on revenue of funds. 7. Such last mentioned assessment shall be based upon the gross revenue from each such fund for the next preceding financial year ; and in striking the rate the Committee shall take into account any surplus remaining, or any deficit existing, in the Assessment Fund at the termination of such financial year. Charlies on assessment liinil. 8. Provision shall be made out of the Assessment Fund for the payment of the following : The salary of the Clerical Secretary ; attendance at the Synod offices and fuel; remuneration of professional Auf'j- tors ; premium on guarantee policy of the Clerical Secretary ; postage and stationery ; printing ; rent, light, and taxes; Provincial Synod assessment; and any expenditure for the service of the Synod which the Synod or the Executive Committee considers fairly chargeable to the Fund. Coinniittec to report. 9. The Committee shall make a full report at each meeting of the Synod in relation to all matters under its control bv virtue of this Canon. —27— CANON XII.— DIOCESAN MISSION FUND. I. The Diocesan Mission P'und shall consist of all "/"!'»' ,'»-' , collections for Diocesan Missionary purposes made siwii consist. in Churches, Chapels, and Mission Stations through- out the Diocese, of the interest of the Sustentation Fund, and of all subscriptions, donations, and legacies for such purpose, regard being had to the direction of the donor or testator. 2. Four collections for the Diocesan Mission Fund collections for as hereinafter provided, shall be made annually in every Church, Chapel, and Mission Station in which a regular Sunday service is held : on Trinity Sunday or one of the two following Sundays, and on the first Sunday in Advent or on one of the two following Sundays, a sermon on be- half of the Mission Fund shall be preached pnd a collection taken up, which collection shall within one month thereafter be remitted to the Clerical Secretary by the Clergyman ; an annual missionary meeting shall be held in every Church, Chapel and Mission Station as aforesaid during the autumn or winter, and at such meeting a collection shall be taken up for the said Fund, and shall be remitted to the Clerical Secretary by the Convener of the depu- tation holding such meeting within one month there- after ; and a parochial collection shall be made an- nually in every Parish and Mission under the super- vision of the Clergyman, who shall remit the proceeds of such collection to the Clerical Secretar} on or be- fore the twenty-fifth day of April. 3. The Board of Diocesan Missions shall consist constitution of of the Bishop, the Chancellor, the Dean, the Arch- "'^''°" ""*"'• deacons, eight Clergymen elected by ballot at the annual meeting of the Synod by the Clergy, and • eight Lay representatives elected at the same meet- ing by ballot by the Lay representatives, and four Clergymen and four Lay representatives appointed by the Bishop at the same meeting. Classification Committee. — 28— 4. At its first meeting the Board shall appoint a Sub-committee consistmg of three Clergymen and three Lay representatives to be called the Classifi- cation Committee, which shall be convened by the Clerical Secretary and shall meet previous to the May meeting of the Board. It shall be duty of such Sub-committee to classify the Missions for the en- suing year and report thereon at the May meeting. Classes of Missions. 5. The M issions shall be divided into seven classes : Those in Class I shall each receive a grant not ex- ceeding ij! 100; those in Class II a grant not exceed- ing $150; those in Class III a grant not exceeding $200; those in Class IV a grant not exceeding $250 ; those in Class V a grant not exceeding $300; those in Class VI a grant not exceeding $400, and those in Class VII a grant not exceeding $600. Special Rrants. 6. The Board may in its discretion, on the recom- mendation of the Bishop, make a special grant not exceeding $ioo to any Parish or Mission, provided that two-thirds of the members present concur in voting for the grant. Inrapacitateij Clergymen. 7. When a Clergyman is incapacitated by illness or age from performing duty, the Board may in its discretion make a suitable provision for him out of the funds at its disposal. CANON XIII.— THE DOMESTIC AND FOREIGN MISSION FUND. 1. The words " Domestic and Foreign Missions " Interpretation. ^5^^ .-^ jhjg Qj^j^^n g^j^,, j^^^^ ^^^ ^^^^^ meaning as is attached to the same words in the Nineteenth Canon of the Provincial Synod. -2g— 2. A Committee on Domestic and Foreign Mis- commuiee sions is hereby formed in connection with the In- '°f"">'' corporated Synod of the Diocese of Ontario. 3. The business of the Committee shall be : Duties. (a) To create and encouragje an interest in the work."""" Domestic and Foreign Missionary work of the Church of Ensriand. 'h' (b) To transmit all funds collected or received by Jf'S!"'"" the said Committee for Domestic or Foreign Mis- sions to the Treasurer of the Board of Management of the Domestic and Foreign Missionary Society of the Church of England in Canada, to be disposed of by the said Board. 4. The Committee shall consist of six Clerical and consmmion. six Lay members of the Synod. 5. The funds collected by the Committee for Do- 7h°aii'be"si't'"'^' mestic or Foreign Missions shall be forwarded to the Treasurer of the Board of Management of the Do- mestic and Foreign Missionary Society, to be dis- posed of by the said Board. 6. The Committee shall respect any specitic ap- specific appro propriation made by any contributor to the said fund, and in transmitting the money to the Treasurer of the Board of Management shall specify such ap- propriation, or shall apply the money in the manner indicated, and duly report such appropriation and application to the Treasurer of the Board. -30— CANON XIV.— EPISCOPAL FUND. liuuted.'''' '"" I- There shall be a Committee for the manage- ment of the Episcopal Fund consisting of six Clergy- men and six Lay representatives. Applicalioii of income. 2. The income arising from the moneys and secu- rities belonging to the Fund, after defraying inci- dental expenses, shall be paid to the Bishop m cjuar- terly instalments. CANON XV.— THE CLERGY TRUST FUND. commiiiee con- I. The CI' igy Trust Fund shall be managed by a sutuie . Committee consisting of six Clergymen and six Lay representatives. Order of charges on the fund ; coniniutint; Clert!ynien. 2. The first charges on the income of the said Fund after the expenses of management shall be the quarterly payment of the stipends of such Clergy- men of this Diocese as commuted with the Govern- ment, according to the covenants entered into with the said Clergymen, and also of the annual sum of four hundred dollars, to be equally apportioned in quarterly payments to such Archdeacons as the Bis- hop from time to time appoints. Payment of annuitants. 3. The income of the Fund after the payment of the expenses of management shall be appropriated to the payment by quarterly instalments to the pre- sent annuitants on the Fund of the sums set opposite their respective names in the schedule hereto, and whenever the income permits, then pursuant* to section six of this Canon to the next senior Clergy- man of the Diocese in good standing. —31— 4. The seniority of any Clergyman shall be deter- seniority, how mined by his lengtfi of service in the Diocese, whicli '"""""""'• shall be reckoned from the date of his first appoint- ment by the Bishop ; but the time during which he has ceased to do clerical or synodical work in the Diocese, without being superannuated or having leave of absence from the Bishop, shall be excluded in reckoning such length of service. If a Clergyman has left the Diocese under a bene decessit or without leave of absence and is again admitted into the Dio- cese, his name shall be placed at the foot of the list. 5. Any question of seniority which may arise wim to decide. under this Canon shall, if the Committee deem it advisable, be decided by the Bishop. 6. As soon as a surplus of four hundred dollars I'uture annni shall have arisen out of the income of the F"und over and above the annual sum required for the payment of the commuting Clergymen and other annuitants on the Fund, it shall be the duty of the Clerical Sec- retary to report the existence of such surplus to the Committee, who shall thereupon direct that the name of the next Clergyman entitled shgill be placed on the list of annuitants which shall be made out and continued from time to time by the Clerical vSec- retary under the direction of the Committee, and shall be in force as fiijally approved by the Bishop : Should the income of the Fund however be found Deduction if insufficient to meet the charges thereon, the payment sufficV."'"" or payments to the annuitant last placed on the list shall be diminished by such sum or sums as may be requisite to make good such deficiency. 7. Any Clergyman placed by the Committee with Duration of the approval of the Bishop on the list of annuitants »""""''• shall continue to receive his annuity of (our hundred dollars so long only as he continues to do duty in the Diocese, or is on the Superannuation list thereof, or has leave of absence from the Diocese, or holds office in the Synod ; and he shall forfeit all claim to such annuity for any time during which he may be under ecclesiastical censure. Certain clergy- iiit^n not entitled. —32— 8. No clergyman while in the possession of an endowed living yielding a clear income of twelve hundred dollars per annum shall be placed upon or remain on the list of annuitants. His right to such annuity shall he suspended during the time he may be in possession of such living, but shall revive on his ceasing to be in such possession ; and such sus- pension shall not affect his right of seniority. Statement niH> be called tui. It default is made. g. The Committee shall have power from time to time to require any annuitant, or Clergyman claim- ing to be an annuitant, to submit a statement to the Committee as to the amount of income derived from his parochial endowment. In case of non-com- pliance with such requirement within three months after being notified, in the case of an annuitant he shall forfeit all claim on the Fund until he makes such statement, and the arrears during the time he makes default shall not be paid him; and in the case of an applicant, his name shall not be placed on the list, but be passed over in favor of the next in seni- ority until he makes such statement. Payment sub- sequent to de- cease. 10. Upon the death of any annuitant, the amount of his annuity shall continue to be paid to his legal representatives for the quarter current at the time of his death, and also for the six months thereafter ensuing. •* Annuitants under awards. CommutinK clergy. SCHEDULE. The annuitants under the award of Sir James Macaulay : The Lord Bishop as Bishop $345 92 Archdeacon Lauder as Archdeacon 200 00 " Bedf(;rd -Jones as Archdeacon. 200 oo THE COMMUTING CLERGY. The Lord Bishop 600 00 Rev. G.A.Anderson 480 00 " Canon Bleasdell* 486 64 "Since deceased. —33— Rev. E. C. Bower $400 00 " F. \V. Dobbs 300 00 " JamesGodfrey 40000 " R. Hardinp 48664 Ven. Archdeacon Lauder 400 00 Rev. Rural Dean Lewis 480 00 J.A.Morris 48000 Canon Mulock 400 00 Pettit 400 cx) " R.L.Stephenson 48000 " Canon Worrell 400 00 THK HENEFICIARIES. <( <* (( Beneficiaries. Rev. E. H. M. Baker $ 400 00 " Canon Tane 40000 " Rural Dean Stanton 400 00 " Canon White 40000 " E, W. Beaven 40000 Rural Dean Bogert 400 00 " " Loucks 400 00 C. P. Emery 400 00 Wni. F'leming 400 00 Rural Dean Grout 400 co Ven. Archdeacon Bedford-Jones 400 00 Rev. F. L. Stephenson* 400 00 " Wm. Lewin 400 00 A. Spencer 400 00 A.W.Cooke 40000 H.Auston 400 00 K.L.Jones 40000 A. C. Nesbitt 40000 J. H. Simpsont 40000 'Since deceased. tAdded since the passing oi the Canon. -34- CANON XVI.— THE WIDOWS' AND ORPHANS' FUND. Committee con- I, There shall be a Committee, consisting of five stitmed. Clerical and five Lay members of the Synod, to supei intend and manage the widows' and Orphans' Fund. Of what fiiii.i 2, The said Fund shall consist of the income from .haiico„sist. ^j, property held or to be held by the Synod for the benefit of tiie widows and orphans of Clergymen of this Diocese. , „ 3. A sermon shall be preached and a collection Annual coUer- '^ . n 1 J-«i 1 1 !■ tion to be made, made annually by every L-lergyman lioldmg a cure in this Diocese (save and except in such cases of sickness or absence from iiis Parish or Mission as the Bishop allows as sufficient cause) on the fifth Sunday in Lent or one of the two following Sundays in every Church in which service is celebrated on that day, and in every other Church, Chapel or Mis- sion Station in each cure in which Sunday services are held as soon after the said Sunday as the Incumbent of such Parish or Mission finds practicable ; and the proceeds of such collection shall be sent by the Clergyman to the Clerical Secretary of the .Synod immediately after the taking up of the same, and shall be placed by him to the credit of the said I'und. Conditions oi 4- Tlic right of the widow and orphan children of [^te' '" ''^"''''" a deceased Clergyman to participate in the benefit of the said Fund, shall be conditional upon such de- ceased Clergyman having during his lifetime com- plied with the requirements of this Canon, and paid annually into the said Fund the sum of five dollars with all arrears as herein provided, dating, if he were in this Diocese on the 25th March, A.D., 1862, from that date, or if admitted to or ordaint-d in this Piocege since that date, then froijj \he d^te of such —35— admission or ordination, unless he satisfies the Com- mittee of his inabihty to pay such arrears, in which event he shall be excused from payment of such portion thereof as the Committee deems advisable. 5. Any Clergyman not in arrears to the said Fund coinmutation of , 1 • I 1 • .• 1 Annual siibsciip- may commute his annual subscription by one pay- tion. ment of fifty dollars, to be placed by the Clerical Secretary to the credit of the said Fund ; and every Clergyman so commuting shall be released from any further subscriptions or payments. 6. In case a Clergyman neglects to pav his an- Forfeiture for , , ... I- , , ' '. , failure to pay nual subscription tor two years at any time, the subscription. Clerical Secretary shall notify him that he has for- feited all claim on the said Fund ; if, however, he at any time afterwards pays to the Clerical Secretary the sum of five dollars for each year during which the same has remained unpaid, together with interest at the rate of six per centum per annum Reinstatement. on each year's subscription in default, up to the time of payment, he shall be entitled to all the bene- fits of the Fund in the same manner as if the annual subscription had been paid regularly by him. 7. Nothing herein contained shall be construed to Annual roiiec- prevent the widow or orphan children of a Clergy- wm/itTcenaTn man holding an office in the Synod, or duly licensed "'^''*- or recognized fiy the Bishop as a Curate, from par- ticipating in the benefits of the Fund, although no annual collection has been made by him during such time. » 8. The widow and children of every Clergyman in RiKintoannm- good standing, who at the time of his death is duly ""• licensed to the cure of souls in this Diocese, or holds office in the Synod, or is a Curate, or whose name is on the Synod list, and who has complied with the requirements of this Canon, shall be entitled to the annuities hereinafter in this Canon provided for. -36- Memorial to br: g. Evcrv widow OF the guardian of the orphans of presente . ^ Clergyman desiring an annuity from the Fund shall present to the Committee, through the Clerical Secretary, a memorial setting forth the date of the death of the Clergyman, the name of his widow, or of the guardian, as the case may be, and the names and ages of his children ; and such memorial shall be taken into consideration by the Committee at its Annuity may be ncxt meeting after the receipt thereof; and if it ap- Kraiitei. pears that the deceased Clergyman has complied with the requirements of this Canon, the Committee shall, if the Fund sutHces, make a grant not exceed- ing the annual sum of $200 to such widow, and the annual sum of $40 to each orphan under the age of eighteen years and unmarried. Annuities to jq. In thc cveut of a Clergyman leaving no widow, or m case 01 the widow dymg leavmg orphans under the age of eighteen years and unmarried, the annui- ties to the orphans shall be doubled, but in no case shall the sum granted to the orphans of any one family exceed the annual sum of $i6o, Mvabie'"" ^^' Tlie several annuities shall be payable in equal quarterly payments on the first days of January, April, July and October to the widow or guardian, and the first of such payments shall include the arrears of annuity due from the day of the death of the Clergyman. periaiations to 12. Evcry annuitant on the Widows' and Orphans' Fund shall, before he or she may be paid his or her (|uarterly annuity, make one of the following declar- ations in the presence of a neighboring Clergyman, who shall duly attest the same : — By a willow. Declitmlion to be made by a Widow. I {name) {residence) do hereby solemnly declare that I am the widow of the late Rev of and that I amen- —37— titled to an annuity from the Widows' and Orphans' F'undofthe Incorporated Synod of the Diocese of Ontario. Si^Mitid and declared before me] this dav of ,A.D. '•• (Signature.) i8 ,at ' j Signed CD. {residence and addition.) Declaration lo he made fcy the Mother or Guardian of Orphans. By ;i nuaidian. I {name) [residence) do hereby solemnly declare that I am the mother (or the duly appointed guardian) of the children of the late Rev. , of , whose names and ages are respectively written below, and that they are en- titled to an annuity from the Widows' and Orphans' Fund of the Incorporated Synod of the Diocese of Ontario. Signed and declared before rne| this day of , A.D. [Signature.) i8 , at j C. D. {residence and addition.) Names iges CANON XVII.— THK CLERGY SUPERANNUA- TION FUND. \ I. The Clergy Superannuation Fund shall be con- ofwhatfnud stituted by moneys received from the toUowuig sources : [a) An annual collection which shall be made in each Church and Station of every Parish or Mission of the Diocese where there is an established Sunday service, on the thirteenth Sunday after Trinity, or on one of the two following Sundays. (6) Benefactions and bequests. -38- Committee ron- 2. The Fund sHall be controlled and managed by a Committee, consistinf:^ of the Hishop and four Clerical and four Lay members of the Synod. Allowance to su|>eiannuateil Clei^yim^n. 3. Any Clergyman of the Diocese who becomes incapable, by reason of age or infirmity, to minister beneficially to the Church may, should he so desire, but not otherwise, b". placed by the Committee on the list of su[)erannuated Clergy and awarded a superannuation allowance. Amount. 4. The amouut of such allowance shall be in the discretion of the Committee, but shall not exceed the sum of $200 per annum for a Clergyman in re- ceipt of an annuity from the Clergy Trust Fund, or $400 per annum for a Clergyman not in receipt of such annuity. No compensa- tion foi duty in sucli case. Exception. 5. No Clergyman who receives an allowance from the Superannuation Fund shall, while receiving such allowance, be entitled to receive compensation as a Clergyman ; except that any Clergyman receiving a superannuation allowance under this Canon may, with the consent of the Bishop granted at the re- quest of the Incumbent of the Parish in which the duty is to be performed, undertake occasional duty and accept remuneration. Allowance may be vai ied. 6. The Committee may in its discretion discon- tinue any superannuation allowance, or vary the same from time to time within the limits prescribed by section four. —39— CANON XVIII.— THE DIVINITY STUDENTS' FUND. 1, The Divinity Students' Fund shall be managed cpmmiitee co by a Committee consisting of four Clergymen and """""'• four Lay representatives. 2. The said Fund shall consist of the existing of wiiat fund Divinity Students' Fund and of all collections, sub- ^''' scriptions, donations and legacies given for assisting students in Divinity. rants. 3. The Committee shall, in its discretion, when conditions of provided with the necessary funds, make a grant not **" exceeding the annual sum of one hundred and fifty dollars, to any student in Divinity on the following conditions : (a) That the applicant shall declare in writing Necessity. that he is actually in need of assistance. (6) That he shall furnish a bond with proper security to be security, approved bv the Chancellor, that he will «'^«"- serve as a Clergyman for five years in the Diocese of Ontario, and that in case of failure to offer him- self for ordination or to procure the necessary testi- monials within three years from the date of the bond, un'ess delayed from illness or other cause satisfac- tory to the Bishop', he will refund with interest the full amount which he has received from the Fund, and that in case of his removal from the Diocese be- fore the expiration of five years of service therein, he will refund w. ii interest an amount proportionate to the time of service left unfulfilled. 4. The words "students in divinity" shall mean ,„ all persons who are prepiriug to take either Deacon's or Priest's orders and have been accepted by the Bishop of the Diocese as candidates for the same. ilerpretalion. — 40- CANON XIX.— THE RECTORY LANDS FUND. Memorial if sale I. Whenever any Rector or Parish desires the sale of all or any of the Rectory lands appertaining to the Rectory or Parish he or they shall memorial- ii;e the Executive Committee for the sale of the said lands, setting forth the reasons for such sale. And if the Executive Committee deems it advisable that the prayer of the memorial should be complied with, the Clerical Secretary shall forthwith notify the Rector or Parish to proceed to appoint a valuator or valuators, as hereinafter mentioned. Appointment oi 2. A valuator or valuators on behalf of the Synod, each to be known as the Synod valuator, shall be appointed by the Executive Committee, who shall receive their travelling expenses and $5 for each day he or they are occupied in such valuation ; and the Synod valuator, with a second and local valuator to be appointed and named in writing by the Rector, and with a third and local valuator to be appointed and named in like manner by the Vestry of the Mother or Parish Church at the Easter Vestery meeting or at a special meeting called for that pur- pose, shall, on receiving the notice of their appoint- ment, as soon p.s possible examine and value the niade"^"" ^ lauds sought to be sold ; and the said valuators shall report their joint or several valuations in writing to the Executive Committee. Provisionin i Should the Rcctor or Vestrv refuse or neglect case 01 tailurc to ~' ... . ,- ..." appoint. to appomt their respective valuators within one month from receiving notice from the Executive Committee of the intention to sell the land, which notice shall be sent by the Clerical Secretary by post to the rector and Churchwardens, then the valuator appointed by the Executive Committee, together with the valuator appointed by the Rector or Vestry, as the case may be, shall select a third person as valuator. In the event of both the Rector and —41— Vestry failing to appoint within the time before lim- ited, then the valuator appointed by the Executive Committee shall act alone and report. 4. The Clerical Secretary, on receiving such noti- valuation to be fication as aforesaid, shall forthwith communicate the p'ol'ted!"' '"' same to the Synod valuator, who shall thereupon write to the local valuator or valuators appointing a time when he will, in conjunction with him or them, proceed to and value the lands proposed to be sold ; and in case one only of the local valuators shall at- tend at the place and time appointed, the Synod valuator shall with such local valuator proceed to value the lands and report thereon ; or in case both such local valuators fail to attend at the time and place appointed then the Synod valuator may, if he thinks it advisable, proceed to value alone and re- Piocee.iini-soii port. All the reports of the said valuator or valua- '^'^p""- tors shall be made, as soon as possible after the value is ascertained, to the Executive Committee, who may approve or disapprove thereof, refer the same back, or adopt the valuation of either one or more of the said valuators. 5. The lands so valued shall, in the first place, be offei for sale, offered to the tenant or tenants, if any, at the valu- ation approved of by the Executive Committee, but if there be no tenant, or if the tenant within four- teen days after being notified in writing by the Cleri- cal Secretary of the valuation, refuses or neglects to purchase at such valuation, then the land may be sold by private contract to any intending purchaser at such price as the Executive Committee deems expedient, or after being advertised in the local papers once a week for four weeks next preceding the sale, and placards of the advertisement having been posted and circulated in the neighbourhood, the land shall be sold by public auction to the high- est bidder at or above the valuation, there being a reserve bid to the amount of such valuation. And '^''''"^''P""- in case there shall be no bidder at or above the reserve bid when offered at such auction, the land shall be withdrawn, and it shall be left to the —42— Executive Committee to dispose thereafter of the said land at such price as it deems most conducive to the interest of the parish. Terms of pay inent. 6. The purchaser shall paj' down not less than one- seventh of the purchase money at the time of the sale, and the remainder shall be secured by a mort- fjage on the premises payable in six yearly instal- ments, or as may be agreed on, with interest at seven per cent per annum. Payment ot expenses. 7. All expenses attending the valuation and sale of the land shall be borne in the first place by the person or persons applying for the sale, who shall with the memorial deposit the sum of twenty dollars with the Clerical Secretary. The expenses shall be refunded from the proceeds of the sale, and the ex- penses of the sale, surveys and management shall be a first charge on the proceeds. Execution of deeds. 8. The Chancellor of the Diocese shall prepare the necessary deeds and mortgages. The expenses of conveyances, registration and Sheriff's certificates shall be paid to him by the purchaser ; or, with the consent of the Rector interested, the expenses of the deed shall be defrayed from the proceeds of the land sold at the tariff to be settled by the Executive Committee. All deeds and mortgages shall be executed on behalf of the Synod by the Bishop under the seal of the Synod. * Application of proceds. g. The proceeds of the sale shall be remitted to the Clerical Secretary, who shall give receipts for the same, and pay all necessary charges and dis- bursements. The Clerical Secretary shall credit the amount so received to the capital of the Rectory interested, and the income of the investment, subject to the provisions of the statute, shall be paid at such time and in such manner as the Executive Com- mittee appoints. —43— lo. The proceeds of such sales, after deductinfjinv the necessary expenses, shall he invested by the Investment Committee as provided for by the Act " To provide for the sale of the Rectory Lands in this Province." 11. The Clerical Secretary shall open and keep a Arcoumstobe debtor and creditor account vviti) each Parish or ^^ ' Rectory of all moneys received from time to time on account of sales, investments and interest and necessary expenditures and payments. 12. The Clerical Secretary shall file for future Reservation of reference all memorials, valuations and other papers ''^'=""""""'- coimected with the sale of the Rectory Lands. 13. The P2xecutive Committee shall report annu- Ammainpoit. ally to the Synod all sales made, the terms of sale, and the mode in which the proceeds of such sales have been invested. 14. The valuations and sales of the Rectorial valuation"; and Lands heretofore made by the Executive Committee, ^'"'''""' and the conveyances thereof are hereby confirmed. CANON XX.— SURPLUS INCOME OF THE KINGSTON RECTORY. I. Upon the next avoidance of the first Parsonage How surplus T3 . • iU 1- !-• r T'- A 1 iin;i>uie ot the or Rectory m the 1 ownship 01 Kmgston, commonly K.ctor> shaii be called the Rectory of Kingston, the surplus of the '^"^"^'^''• yearly income thereof, arising as well from the in- vestment of the proceeds of the sales of a portion of the lands of the Rectory as from the rents, issues and profits of the unsold lands belonging to the Rec- tory — after the payment, firstly, of all annual charges for the insurances and repairs of the properties on the said lands, and for expenses incurred in the get- ting in, management and distribution of the said yearly income, secondly, of the sum of three thous- and dollars per annum to the Rector of the said Rectory, shall be divided equally among the Incum- bents of the following Churches: St. James', St. Paul's and All Saints', in the C'ity of Kingston, and St. John's, in the Township of Kingston, and of such other Church or Churches of the Church of England in Canada as are from time to time established and set apart by the authority of the Bishop of this Dio- cese, either in the City of Kingston or in the Town- ship of Kingston, and designated by him as a separ- ate parochial charge entitled to share in such sur- Proviso plus : Provided that if any two of the Churches mentioned or referred to are by the Bishop at any time united and placed under one Incumbent, such Incumbent shall be entitled to only one share in the said surplus. Provision in 2. If a vacancy occurs in the Incumbency of any fna'^cineTn^'"'^ of the Churclies mentioned or referred to in the first terested. scction of this Cauon, its share of the said surplus accruing during the vacancy shall be first applied to- wards providing, with the sanction of the Bishop, for Divine Service in the Church during the vacancy, and then to making good any loss of ca',)ital ; and the remainder, if any, shall be divided e(]ually among the Incumbents of the other separate Churches in the City and Township of Kingston. commiitee to 3. Tlic property, real and personal, of the said Pty.*** '''"''"' Rectory shall, after the next avoidance thereof, be managed by a Committee known as the Kingston Rectory Committee, consisting of the Rector and the Incumbents of Churches entitled to share in the surplus, with the Chancellor, the Treasurer of the Synod, the Clerical and Lay Secretaries, and such Lay representative of each of the Churches mention- ed or referred to in the first section of this Canon, —45— not being interested directly or indirectly as a ten- ant, occupant, or intending purchaser of any of the said lands, as is annually chosen by his co-represen- tatives within one week after the Easter Vestry meeting. 4. The Rector shall be the Chairman, and during ,., , , . ' , -in 1 Cliairrnaii and his absence or a vacancy m the Rectory sucli mem- nieeiin«s. be; of the Committee as it selects. The Committee shall meet whenever called by the Rector or any three members of the Committee. Five members guorumaiKi of the Committee shall form a quorum. The Com- ''"""''*• mittee shall have power to appoint all such officers as it deems necessary for the eiTicient management of its affairs, and to make such rules and regulations as are requisite to carry out the provisions of this Canon. 5. The said Committee shall submit a report of Report, its proceedings at each meeting of the Synod. CANON XXL— THK GENERAL PURPOSE FUND. I. There shall be a Fund to be known as the Gen- i"i'n(i mbr era! Purpose c und for the grantmg of aid towards the erection and maintenance of Churches, Parson- ages and Parochial Schools in this Diocese, foi the purchasing of burial grounds, for defraying expenses connected with the management of the Synod and its trusts, and for aiding such general purposes and objects of the Church in this Diocese as are not un- der the special control of any Committee of the Synod. sist. 2. Such Fund shall be formed from such donations ofwhatiocon- and grants as are from time to time hereafter made for such General Purposes. -46- Management. 3. Suc.li Fuiid shall hc administered and managed by the Ex-'cutive Committee of Synod, which shall have power to administer, sell, lease, and dispose of all lands pertaining to such Fund; to administer and dispose of any sum or sums of money, or any secu- rity or securities for money hereafter given, paid, as- signed, or devised to the said Fund, and further, from the same resources to grant such aid and to make such payments to any of the objects above re- cited as the Committee in its discretion sees fit ; and the Committee shall report at the annual meeting of Synod. Kules amy Iw iiiado. 4. The said Executive Committee may make such rules and regulations as are requisite for the carry- ing out of the provisions of this Canon. CANON XXII. -THE CHURCH BOOK DEPOSI- TORY. Committee con stitiited ; its duties. I. A Committee shall be appointed annually con- sisting of three Clergymen and three Lay represen- tatives for the management of the Church Book De- pository ; the Committee shall appoint a manager who shall make a full report to the Committee at its regular meetings and present his account books for inspection. The Committee shall make an annual report of the operations of the past year. CANON XXIII.— STATE OF THE CHURCH. Statements to I. Every Clergyman having a separate cure of be prepared by 1 1 11 11 r 1 • • 1 tiie Clergy. souls shall annually, so tar as his cure is concerned, prepare a correct statement of the number of church —47 - families, individuals and communicants, of the num- ber of baptisms, confiimations, marriajjes, burials and celebrations of the Holy Communion, of the number of Churches, Chapels and Mission Stations and of Public Services, of the number of Sunday and Parochial Schools, with the number of children at- tending the same respectively, of the amount con- tributed at the regular Sunday Services and by special collections, of the amounts expended for the Incumbent's stipend, for the Church, Parsonaj^e and otht.i parochial objects, and of all sums contributed for Church objects outside of the care ; and he shall also report any other items of interest. 2. The Clerical Secretary shall send annually to i-onn to i.esem every such Clergyman during the first week in April, "unieM.' "" a form prepared under the direction of the Execu- tive Committee, which form properly filled up by the Clergyman for the year ending the twenty-fifth day of April, shall be returned by him on or before the . first day of May to the Clerical Secretary. 3. A Committee shall be appointed annually on committee con- the state of the church, consisting of four Clergymen a,',"i'Js''' ''* and four Lay representatives, who shall from the re- turns sent to the Clerical Secretary prepare a report on the matters mentioned in the first section of this Canon. -48- PART III. MISCELLANEOUS. CANON XXIV.— THE p: L E C T IC) N OF A BISHOP /VNI) THE SUBDIVISION OF THE DIOCESE. Proceedings in I. I Fi tile evcnt of a vacaiicy ill the See, the Sec- vac'ancy"in the rctarics of the Sviiod shall within one week from the ^'^^- occurrence of such vacancy, or its announcement to this Diocese, memorialize the Metropoliton, or in the event of his absence, or refusal or neglect for twenty days to act, or of that office being vacant, then the senior Bishop of this Ecclesiastical Pro- vince who is willing to act, praying him to summon a meeting of the Clergy and Lay representatives of the Synod, at the Cathedral city of this Diocese, to elect a successor, such meeting to be held within thirty days of the receipt of the memorial, and to be presided over by the Bishop calling the meeting, or in case of his death, illness, or inability from other cause to preside, then by some other Canadian Bishop : and the said Metropolitan or other Bishop shall give at least fifteen days' notice of the time and place of such meeting. An.) of a sub. 2. In the event of a subdivision of this Diocese, 'i')'iwes".°^ ''" the Bishop shall summon the Clergy and Lay repre- sentatives, to be included within the new Diocese, to meet at such time and place as he appoints for the purpose of electing a Bishop, at which meeting —49— the Bishop, or the Bishop appointed by him under the Canon respectinj;; the presiding Bishop, shall preside. 3. In the election to a vacant See, or to a new ^*"°'- See, the Clergy and Lay representatives entitled to vote at meetings of Synod, shall vote separately by ballot ; the Clergy as individuals, and the Lay repre- sentatives by Parishes. A majority of votes in each Number of votes order shall determine the choice, provided that two- etea.'^'"^ '° thirds of the Clergy entitled to vote be present and two-thirds of all the Parishes entitled to vote be repre- sented ; otherwise two thirds of the votes of each order present shall be necessary to determine the choice. 4. Any Clergyman elected a Bishop, and liolding ^'^f_^|j^'°g"°* at the time of such election any preferment or bene- fice, shall resign such preferment or benefice prior to his consecration. And in case the Bishop of this And of office of Diocese is elected bishop of another Diocese, and accepts, or in case of his resignation and the accept- ance thereof by the Metropolitan, this See shall be ipso facto vacant. ">. In the event of the subdivision of this Diocese canons in new the portion intended to form the new Diocese shall be bound in all its proceedings by the Canons of this Diocese until altered by its Synod. 6. The provisions of the Canon respecting con- contested seats, tested seats in Synod shall apply to every contesta- tion of the claim to a seat in the meeting hereinbe- fore referred to. -50- CANON XXV.— THE PATRONAGE OF THE RECTORIES. Appointment ic i. During the life or incumbency of the Right Reverend J. T. Lewis, Lord Bishop of the Diocese of Ontario, the appointment to all Rectories within his Diocese shall be vested in him as such Bishop; and such appointments to Rectories as have been made in this Diocese since the session of this Synod, in April, A.D., 1862, arc hereby contirmed. CANON XXVL-ICLECTION OF DELEGATES TO THE FKOVINCIAL SYNOD. Scruiint-cisat I. In the clcction of Delegates to the Frovincial eectioiii.. Synod two Clergymen and one Lay representative «5hall act as scrutineers of the votes of the Clergy, and two Lay representatives and one Clergyman as scrutineer.^ of the votes of the Laity; the scrutineers for each order shall be previously appointed on motion by the members of each order respectively. Mode oi vutint!. 2. Two ballot boxes sliall be provided to receive the votes of the C'lergy and Laity respectively. Upon each member of the Synod ilepositing his vote, a mark shall be placed opposite his name on the roll by one of the scrutineers of the order to which he belongs ; and upon the re(]uisition of any three members of the Synod, the number of votes deposited shall be compareil with, the number of pisposeiof those who have voted. The scrntmeeis shall hand ballot papeiii. , i r- • r i - i i over the votes to the Secretaries of the Synod, whose duty it shall be to preserve them until the election of Delegates shall be completed, and to destroy them at the end of the Session. —51— 3- There shall be twenty four Dele^'ates elected DeieK.ues. at each annual meeting of tlie Synod, vi/: twelve Clerfjyinen elected by the Clerj^'y, and twelve Lay- men by the Lay representatives, and the first twelve names in each order havinj^; the hi;:(hest number of recorded votes shall be declared duly elected. 4. When the election of Delepjates to the Provin- suhstiiuns. cial Synod takes place, the six Clergymen and the six Laymen whose names stand next liij,diest in number in the countinf:; of the ballots after those of tlie Delejijates elected, shall be substitutes, to attend such Provincial Synod, whenever, from sickness or other cause, the l)chf,'ates are unable to be present. 5. In the event of the scrutineers reporting' that i.:,|,Miit) of two or more persons have an ecjuality of votes either ""''^• as Dele},'ates or substitutes, the Bishop shall deter- mine his or their priority. 6. Whenever any Delef,'ate is unable to attend as Atttnr'ance oi aforesaid, he shall be excused from such attendance '~"^'*" ""'>*• upon notifying; the C'lerical Secretary of the Synod of the fact, at least a fortnight previous to the meet- iufj of the Provincial Synod, and the Clerical Secre- tary shall then notify one of the substitutes in the order in which he stands on the list, that he is re- quired to attend the said meeting instead of the Delegate excused. 7. The election of the Clerical and Lav Delegates ccnificateoi shall be certified under the hand and "seal of the ^Ts" """''" Hishop, and the certificate shall be forwarded by the Clerical Secretary of the Synod to the Secretaries of the Lower House of the Provincial Synod within fourteen days after such election; and in case any ah,! of substi- of the said I^elegates mentioned in such certificate '""'*• is unable to attend, a certificate signed by the I^ishop or in his absence by the Clerical Secretary, "that A. B. being a Clerical {or Lay) Delegate from the Dio- cese of Ontario is unable to attend and C. D. is authorized by vote of the Synod to fill his place as Delegate," shall be sent to the Secretaries 01 the Lower House of the Provincial Synod. _52— CANON XXVII.— THE DIACONATE Canon of Fio j. When any person has been accepted and or- ciwd/"" dained by the Bishop as a Deacon under Canon eightcijn of the Provincial Synod, whicii enacts : — " A Deacon need not surrender his vvorhll}' call- inf:f or business (said calUng being approved by the Bishop) unless he be a candidate for the office of a Priest, and he shall not be admitted to the Priest- hood till he shall have passed a satisfactory exami- nation in Latin and Greek, and have further corn- plied with such other requirements as the Bishop of each Diocese may impose ; "Every Deacon who shall from necessity be placed in charge of a Parish or Mission shall be under the direction of a neighbouring Priest until he be ad- vanced to the Priesthood ; " KiKht oi deacon Hc shall be entitled to sit and vote with the Clergy to sit and vo.f. j,^ ^j-jg Synod of this Diocese as long as he holds the license of the Bishop. No claim on 2. Such Deacons and their families shall have no certain tun.is. daim whatsoever as beneficiaries on any of the various funds subscribed, collected or held in trust for the beneht of the Clergy or their families Claim it he is ^. When any such Deacons have, in accordance priesii.oo.i. With the requircnieiits of Canon eighteen of the Pro- vincial Synod, been iluly admitted to Priest's Orders by the Bishop of this Diocese, the claim of such Deacons or their families as beneficiaries of the funds and temporalities held in trust bv the Synod for the beneht of the Clergy and their families shall date only from their ordination to the Priesthood. -53- CANON XXVIII.— THE PRESIDING BISHOP. 1. The Hishop of this Diocese may if occasion re- A|)pointmrnt oi quires, appoint, with full or limited powers, another ^iae'"'""'"" Hishop to preside at any meeting of the Synod dur- ing its session. 2. Sucli Bishop so appointed shall be hy virtue of His powers. his appointment a member of the Synod during its Session, subject to the powers granted him by the Bishop ; and all business transacted and Canons passed or confirmed at such Session shall have the same effect and validity as if the Bishop of this Dio- cese had presided. 3. The Bisliop of this Diocese, during the Session Temporary of the Synod, may, when he desires to leave the Chair ^'""'"""'' temporarily, appoint one of the members of the Synod to preside during his absence. 4. Wherever the words "the Bishop" occur in the imcipietation. "Order of Proceedings," or in "The Kules of Order," they shall be taken and read as meaning and includ- ing any Coadjutor or Assistant Bishop of this Dio- cese, or the Bishop appointed under this CanoTi. CANON XXIX.— DISCIPLINE. 1. There shall be a Couit of this Diocese, called couuofthp " The Court of the Diocese of Ontario," for the pro- ^1^7"" secution, hearing and trial of all ecclesiastical causes within this Diocese, and of all offences of the Laity, as well as the Clergy, against the laws ecclesiastical, against the provisions of the statutes constituting and affecting the Synod, and the Canons, rules and regulations of the Synod. —54— CoKnij^ancemay 2- Every Prlcst ov Deacoii holdin,":;; the license of offe'nceTs'ileci. t^'^ Bishop of this Diocesc or any office or charge •'''''• under his jurisdiction who is charged with any of the offences hereinafter mentioned or cr erning whom there exists scandal or evil report as having been guilty of any of sucti offences, shall be liable to trial and punishment as hereinafter provided ; the of- fences referred to are as follows : Any crime or im- morality ; drunkenness, profane swearing, or any other scandalous, licentious or disorderly conduct ; an}' wrong doirg or wilful neglect in the discharge of the duties of any office or position of trust to which he has been appointed by the Bishop or the Synod ; discontinuing the exercise of his Ministerial office without lawful cause or leave of the Bishop ; ceasmg, without permission of the Bishop, to per- form Service in or at the Church or Churches within the Parish, Mission, or Charge to which he has been appointed ; exercising any lay profession or occu- patic -connected with his sacred calling, without the sanction of the Bishop ; the disuse, after notice from the Bishop, of Public Worship or of the holy Eucharist according to the offices of the Church ; the infringement, aifter notice from the Bishop, of the rubrics of the Book of Common Prayer; schism, or separating himself from the Conmiunion of the Church ; heresy, or teaching or maintaining heretical doctrines, or teaching or maintaining doc- trines contrary to those of the Church, such teaching or maintaining being by way of writing or printing, preaching or public teaching, or circulating books containing such doctrines; holding Service in any other Clergyman's Church or Parish, Mission or Charge, without such Clergymairs consent ; per- mitting unauthorized persons to oHiciate in the Church ; non-residence without leave of the Bishop ; officiating at the services of religious bodies not in communion with the Church of England; any act which involves a breach of his Ordination Vows ; any violation ot the provisions of the Statutes con- stituting the Synod, or of the Constitution of the Synod, or of any of the Canons, Rules, Regulations or Resolutions of the Synod ; incapacity or neglect in the discharge of his parochial duties ilHiiiant —55— whereby his usefulness in his Parish or Mission appears to be gone. In the followinf;^ sections of this Canon the person compia...^,.. complaining,' is called "the complainant," and the ,",;!;|,;;.',5>'°'''^''"* person ajjainst whom a complaint is made is called " the respondent." 3. The Bishop, on the application of any com- commissioners plainant, or, if he thinks fit, of his mere motion, may ".TLmaile"""'" issue a Commission under his hand and seal to five ''"'i'^'"y- Priests, of whom one shall be an Archdeacon or Rural Dean within this Dioc-ise, or in case of the absence or sickness of the Archdeacon, should there be only one Archdeacon of this Diocese, then to any five Priests whom the Bishop appoints, for the purpose of making inquiry as to the grounds of such charge or scandal 01 evil report : provided always that notice of Notice to person the intention to issue such Commission under the »<^'="''eii. hand of the Bishop, containing an intimation of the nature of the offence together with the names, addi- tion, and residence of the complainant (if any), shall be sent by the Bishop to the respondent fourteen days at least before such Commission shall issue : pro- security for vided also, that no Commission shall issue on the '^°'''^" application of any complainant until he has first given to the Bishop and his successors in office, a bond, to be approved of by the Bishop, in the penal sum of $200, to pay all costs and expenses that the respondent may have incurred, in case he is acquitted of the complaint, or the complaint is dismissed for want of due prosecution. 4. The said Commissioners, or any three of them, Kxamimuionof • ' -* ' Witnesses. may examine under the declaration allowed by law all witnesses who are tendered to them for examina- tion, as well by any person alleging the truth of the charge or report as by 'the respondent, and all witnesses whom they deem it necessary to summon for the purpose of fully prosecuting the enquiry and ascertaining whether there is sufficient prima facie ground for instituting further proceedings. Notice of meet ing. -56- 5. Notice of the time when, and place where, every such meeting of the Commissioners is to be holden shall be given in writing, under the hand of one of the said Commissioners, to the respondent, seven days at least before the n^eeting. fc'cuse?/^'"""" ^- '^^^ respondent, or his agent, may attend the proceedings of the Commission, and may ex- amine any of the witnesses. PioctediiiKS private. DcrUi ation ol result. 7. All such preliminary proceedings shall be pri- vate ; and when such preliminary proceedings have been closed, one of the said Commissioners shall, after due consideration by them of the depositions taken before them, openly and publicly declare the opinion of the majority of the Commissioners present at such inquiry, whether there is or is not sufficient prima facie ground for instituting further proceedings. Report to the Bishop. Copies to be furnished. 8. The said Commissioners, or any three of them, shall transmit to the Bishop, undei their hands and seals, the depositions of witnesses taken before them, and also a report of the opinion of the majority of the Commissioners present at such inquiry, whether or not there is sufficient prima facie ground for instituting proceedings against the respondent ; and such report shall be filed with the Registrar of this Diocese; and if the respondent holds any pre- ferment in any other Diocese, the Bishop to whom the report is made shall transmit a copy thereof and of the depositions to the Bishop of such other Diocese, and shall also, upon the application of the respon- dent, cause to be delivered to him a copy of the said report and of the depositions, on payment of a reasonable sum for the same, not exceeding three cents for each folio of ninety words. Judgment with Q. Whenever a complaint has been made under commission, ^^^^ Canon against any Priest or Deacon, and the consent of such Priest or Deacon and of the com- plainant, has been first obtained in writing ; or whenever a confession in writing by such Priest or —57— Deacon has anticipated any proceedinfj for the issuing of a Commission under this Canon, the Bishop of the Diocese may, without any further pro- v-eedings, pronounce such sentence as the said Bishop thinks fit, not exceeding the sentence which might be pronounced in due course of hiw ; and all such sentences shall be as good and effectnal in law as if pronounced after a hearing according to the provi- sions of this Canon, and may be enforced by the like means. 10. If the Commissioners report that there is.,.., ,„. PP . . ^ .' . . - Aiticlps to be b.irhcient prima facie ground for institutmg proceed- liiawnupif 1 T .1 T-.' I ' . 1 T^ • .1 tlieie is cause. mgs, and it the Bishop ot the Diocese or ihe com- plainant thereupon thinks fit to proceed against the respondent, articles shall be drawn up by the direc- tion of the Bishop or at the instance of the com- plainant, which, when approved and signed by a bar- rister-at-law, shall, together with a copy of the depo- sitions taken by the Commissioners, be filed with the Registrar of this Diocese; and the complainant or respondent or any person acting for either of them, shall be entitled to inspect without fee such copies, and fimlshed.^^ to require and have, on demand from the Registrar (who is hereby required to deliver the same), copies of such depositions, on payment of a reasonable sum for the same, not exceeding three cents for each folio of ninety words. 11. A copy of the articles so filed shall be forth- service of with served upon the respondent by personally delivering the same to him, or by leaving the same at his usual or last known place of residence ; an# no such articles shall be proceeded upon until after the expiration of fourteen days from the day on which such copy has been so served. 12. At any time after the expiration of the said summons to fourteen days, the Bishop, by writing under his hand, may require the respondent to appear before him, either in person or by his agent duly appointed at any convenient place within this Diocese and to make answer to the said articles within such time as -58- '[,,^,'jjfg*}*'''''' •'* to the Bishop seems reasonable; and if the respon- dent appears, and by his answer admits the truth of the articles, the Bishop or his Commissary specially appointed for that purpose, shall forthwith proceed to pronounce sentence thereupon, according to the ecclesiastical law and the statute of the Province of Canada enabling the members of the United Church of England and Ireland to meet in Synod. cess. Service oi pre- 13- Evcry uoticc or requisition to be given or made in pursuance of this Canon shall be served on the person to whom the same respectively relates, in the same manner as is hereby directed with respect to the service of a copy of the articles on the respon- dent. Hearing rauso if xj. If thc respondent refuses or neglects to there is default. , , j^i -ji-i appear and make answer to the said articles, or ap- pears and makes any answer other than an unquali- fied admission of the truth thereof, the Bishop shall proceed to hear the cause, with the assistance of Assessors nominated by him, one of whom shall be his Chancellor, or a barrister of not less than seven years standing, and another the Dean of his Cathe- dral Church, or one of his Archdeacons ; and upon the hearing of such cause the Bishop shall determine the same and pronounce sentence thereupon, ac- cording to the ecclesiastical law and the statute of the Province of Canada enabling the members of the United Church of England and Ireland to meet in Synod. seiitpiicos valid, je, AH scntcpces prououuccd by the Bishop or 'i.oy may liis Commissary in pursuance of this Canon, shall extend. ^^ good and effectual, and binding on all persons concerned therein ; and such sentences may extend to admonition, suspension, or to deposition or de- privation, as provided by the said statute of the Pro- vince of Canada in the preceding section mentioned. Should the sentence be admonition, it may be public or private, as the Bishop determines. When the penalty of suspension is inflicted, such sentence shall / —59— specify the terms tliereof and the period of (hnation. Removal of a Clerk in Holy Orders from office in the Church shall be considered to include deposition and deprivation. Upon such sentence being pro- nounced, the connection between the respondent and his Parish or Congrej^ation shall be ipso facto severed, and all other offices, rents, issues, profits, and emolu- ments which he may have held by virtue of the office or ministry from which he has l)een removed shall wholly cease and determine, A copy of the sentence cpi^^ ,.-, be' shall be sent to the respondent, and another to the '""'isiied. Vestry or Vestries of the Parish or Parishes, Con- gregation or Congregations, with which he may be canonically connected, and such other publicity may be given to it as the Bishop or his Commissary may deem expedient. i6. It shall be within the power of the Bishop, by admunisr" virtue of his office, and not inconsistent with or con- trary to thisCanon.toadmonishthoseoffending, which admonition, for any offence mentioned in the second section of this Canon not made a subject for judicial enquiry or presentment, shall be made in private; upon a subsequent offence, it shall be public or private at the discretion of the Bishop, and made in such manner as to the Bishop seems proper. 17. In every case in which from the nature of the when person offence charged, it appears to the Bishop that inhibUe.iT^ great scandal is likely to arise from the respondent continuing to perform the Services of the Church while such charge is under investigation, or that his ministration will be useless while such charge is pending, the Bishop may cause a notice to be served on him, or at any time pending any proceed- ings under this Canon, inhibiting him from per- forming any Services of the Church within this Diocese, from and after the expiration of four- teen days from the service of such notice, and until sentence has been given in the said cause ; provided Provision lor that the respondent, being the incumbent of a bene- ch'm'ch? "'"'^ tice, may within fourteen days after the service of said notice, nominate to the Bishop any fit person Revocation, -60- or persons to perform all such Services of the Church clurinf:^ the period for which he is so inhibited ; and if the Bishop deems the person or persons so nominated ht for the performance of such Services, he shall j^'rant his license to him or them accord- ingly; or in case a fit person is not nominated, the Bishop shall make such provision for the Service of the Church, and for such remuneration to the per- son performing the same, as to him seems neces- sary ; and he shall provide for the payment of such rennineration, if necessary, by sequestration of the living; provided also, that the Bishop may at any time revoke such inhibition and license respectively. Appeal. 18. Any person who thinks himself aggrieved by any judgment pronounced by the Bishop, may ap- peal from such judgment, and such appeal shall be to the Court of Appeal of the Metropolitan. Wilnessoa may be summoned. 19. At any such enquiry, any three or more of the Commissioners, or in any such proceeding, the Bishop, or any Assessor of the Bishop, may require the attendance of such witnesses, and the production of such deeds, evidences, or writings, as are neces- sary. Evidence upon declaration. 20. Every witness examined in pursuance of this Canon, shall give his or her evidence upon solemn declaration, as provided for by " An Act respecting Extra-judicial oaths." Time foi pro- 21. Evcry suit or proceeding against any Priest or hmited''' Deacon for any offence specified in this Canon, or against the provisicMis of the statute constituting the Synod, or against the Canons, Rules or Regulations of the Synod, shall be commenced within two years from the time that the commission of the offence, in respect of which the suit or proceeding is instituted shall have become publicly known, and not afterwards ; pro- if there hasbecn vided always, that whenever any such suit or pro- conviction in a !• ■ 1 I i • 1 r " /•/• r , • t court of law. cecdmg IS brought m respect of an offence, for which a conviction has been obtained in any court of law, — 6i— such suit or proceeding may be brought against the person convicted at any time within six calendar months after such conviction, although more than two years may liavc elapsed since the timt- that the commission of the offence, in respect of which such suit or proceeding is so brought shall have become publicly known. CANON XXX. -VESTRIES. 1. All members of the Church of England i" constitution ot Canada, male and female, being pew holders or ^■<=^"^y"''<"<' , • * I pews tiro rciitCQ holding sittings and paymg therefor such sums as the Vestry determines, shall form a Vestry for the purposes of this Canon ; provided always, that no person shall be elected a Churchwarden or allowed to vote at any Vestry meeting who is not of the full age of twenty-one years; provided also, that any per- son before being elected or voting shall, if required bv any member of the Vestry, declare in writing at the meeting, in a book to be kept for that purpose, that he is a member of the Cluncl) of England and of no other religious body, and that lie has held a pew or sitting in the Church of which the Vestry is held for six months previously, and that he has paid all arrears of rent or dues that have been rated or assessed by the Vestry on his pew or sitting, and that he has b-^en an habitual attendant at Public Worship in the Church of which the Vestry meeting is held for the space of six months previous to the meeting. 2. If a Church has been destroyed by fire or other- h cin.r-ii has wise rendered unfit for the holding of Divine Service, J'^come undt lo. and the congregation of such Church assemble for Worship in some temporary place, the Vestry of the said Church shall be constituted under the provision regulating the Vestries of Free Churches during such pccupancy; provided that no change shall be made 62-- in the, ronstilutioii o\ tlic Vestry, unless Divine Ser- vice in the said Cliiircli lias been suspended for at least one year. v"'.'''''""i"' "' -^ ^" '^")^ ('hnrcli in which all the pews and sit- J'as arc fire. tin},'s arc free there shall he a Vestry for the purposes of this Canon, and the meuibers thereof shall be of the' full af,'e of twenty-one years: and each such tiiernl)er shall detlaie hin.'-elf in writing' at the nieet- inf(, in a l.'ook to be kept foi the purpose, in be a nuunbei of the (.lunch of ]Cu^d;i!i.! and of no otlier reli^^ious body, :iud to be' habitually attendiu;^' Pub- lic Worship in the said Church of wliieh the Vestry is heki, for the space; of six niontlis previous to the nicetin^j of th.c Vestry. y.siiy oi i.cwiy ^ I f a ConprefMt iou uewl v fonncd desires to or- kmu,„. c'anize a Vestry without delay, a tnee'tin^ of the said Con^ref^N'ition sliall be held for such |>urpose after notice thereof has been j^dveii during,' Diviuo Service on th(? previous Sunday; and the uu.unbers of such Vestry shall consist (»f those who maktr tlu; declara- tion re(]uired in the next preredinj,' section astoa^^e and Church nienibership, .unl ;ilso declare their in- tention to worship iiabitually in such ("on;^'r<,f,'atiou. ""'■"'"" The Vestry so constituted shall be; a lawfid 'estry for all the purposes mentioned in this Canon for not louf^'er than one year from the date of its ff)r- niation. s!'M'r';y';''''' 5- '\t ;'" Vestry meetings the Priest or Deacon in cliarf,'e shall preside, and in his abs(Mice the (Curate- Assistant, or in the absence of both, such inc inber )f the V(!stry as the majority, didy .4.-. .' .f; 1 . Mitiiiti^s. o a:7,;™ii',^' f>' An Annual Vestry meeting shall be lujid on """■"' ICaster Monday, after nf)tice thereof f^Mvinj,' duririf^ -63- Divine Service on Easter Day, for the pnrposc of re- ceivinf^' tlic audited accounts of the Vestry, and sub- sefjuently of ap[)ointin^' ('liiirclmardens and re^'u- latinf,' the cliarges and rents on all pews atul sitting's for the ersiiing year, and for the transaction of other business connected with the teiupfjralities of the Church; provided, that in case there are more " ''"",»'« /-* L 1 1 • 1 111 ««■• xr iiiDic r.liurcne* Churches tlian one in the rarish or Mission, VLstry iiian oim. meetiiij^s may be held for such (Churches at any tinie duriiif,' the Master week, notice therc.-of haviiif.;; been given on a previous Sunday. 7. The Clerf,'yinan in charf,'(t may call a special si>.r;.i vnstiy estry meetitif; wl ;iiever he thinks proper to do S(j, caii.i. ^ivinf* notice thereof duriiif,' Divine Service on the twf) Sundays ricxt precedinf^' on which Service is held in the ("hurch ; and also specifyiu)^' tlie business for vvliich such Vestry meetiiif,' is called. And he shall call such meetinj:,' upon application inad(; to him in wi itinj^ by at least six UKM'ibcrs of such Vestry afort.'said ; and incase, upon such written application beinj,' made as aforesaid, such C"ler|,'ymaii refiis(;s or nef,dects to call such meeting or to give such notice, then one week after such demand is made, tli(; said six members may call the same by notice atlixed to the main entrance Church doors at least one week pre- vious to such intcndetl meeting. S. The members of Vestry, at such Vcistry meet- ""'-'•,"•'•'• **'''''• ^ . ■' , . -^ , , iii.iy III; liaiis- ings as aforesaid, may pass resohitions or make Ijy- iimd. laws for the regulation of their proccMMiing-; and for the management f like na- -64- ture therewith connected, shall he icf^iilated by the Vestry of tlie ("lunch ttj which the cetnittery (jr churchyard belongs, N.iiiMMaiionii.i.i ,o. Attlieannual Master Vestrv nieetintr, or aiiv (•liM Hull i,f r r \ "' c 1 ' (iiiii ^hurchwardfMi declines to accept olHct;, or to art 'vhen ("ille(l on by the C'ler^'yman or Vestry, or is flei)iivee ingajiist, true and perfect account at the annual "'"''""'' Easter Vestry meeting, fairly entered in a book or books kept for that pur|)os( , signed by the said (^hllrch\^'ilrdens (which book or books shall be the property of the Vestry) of all sums of money by them received and of all sums rated or assttssed by the Vestry and remaining unpaid, or otherwise due and not receivt;'.!, and also of all goods, chattels and other property of such Church 01 l^irish in their possession as sucli Churchwardens, and of all moneys |»aid b\ such ( iiuichwardens so ace ounting, and of all oth(!r things concerning their said office, which said account and book or books shall have been referred to two or more auditors appointed by the animal Vestry meeting. 15. In tlie case of the a|)pointment of a new Rcdmn. Churchwarden or CIiuk hwanlens, the ( hurcliwar- ,7,l'i' dens then retiring from ol]ice shall pay and deliver i""i"-")' w.iiiliiis In ivi'i kVIM If there is (tnfault. —66-- (wcr unto such succeed iiij,' ("Ir.ircliwardens th(! book or books and .ill suius of money, floods, chattels and other thii;;j[s which are the property of the rhmch, and are in tlieir possession ; and the saicj book or books sliall be carefully preserved by such (Church- wardens, an(l they shall permit any member of such Vestry as aforesaiti to irspect the same at all reason- able times. In cast; such CChurcyiwar^'ciis make de- fault in yieldinj^' such account as aforesaid, or in delivcrinf,' over such mont^ys, ^oodj; or other things as aforcbaid, the; succeedinj,' Cfiurchward(;ns shall take n)easuresto procure sucli account or to recover such moneys or property. No i.ii.iiKhoi. j5_ js^jj Churchwarden or Churchvardens shall ired iisi: Ml • 1 • 1 1 I 1 • • 1 c.'iuirh, permit t!ie Cliurch or L-hurches m any ransh or Mission to l>e used for Divine Service or any other public purpose, or the churchjard or l^uri.il {,'round to be used f(n" the purposes of interment without the consent of the Bishop or of the Clerf,'yman appointed by him. No sale of pews. j^ ^^ g,^]gj, ^^f p^^.g Y>y the Churchwardens shall take place in any Church in this Diocese. Appoiiiin.«m of jf^ 'l'\^^, ortranist shall be appointed by the Church- wardens with tlie cf)ncurrence ot the (.lerj^yman ; the vestry clerk, the sexton, and f)ther subordinate servants of the (Ch.irch, shall be nominated anrl ap- pointed by tlie ("hurchwardetis for the time beiiifj ; and their salary and waf^es as determined on by the (Churchwardens, shall b(; biou^^ht into the general account to be rendered as aforesaid by such Church- wardens. Certain nrovi- ^^i c j.i /- • i t 'i" f»" aioiiM repenied. IQ- The provisious ol thc(Jiurcli 1 eiiiporalities Act, and of all other Acts passed subsecpiently tht^reto, ,u(; hereby repealed, so far as the same are inconsistent witii the provisions of this Canon. -67- CANON XXXI._C;iJSTODY OI" I)i:i:OS AND PAHlSff RKGIS'ri:i;..KniM,;« k. be where no I'arsonage at present exists, to erect, as "™""''- soon as possible, a suitable Parsonage, witii out- houses, for the accom«'iU)dation of the (Clergyman ; and until such buildings are (jrected it shall be the duty of the Parish or Mission to nnt a suitable r(!si- denco ; and the ('lergyman shall enjoy the same free ol charge, and indepenrient of any sum assigned for his salary. 2. When the Parsonage and out-houses are erected i<.i>»irs i»i and finished, or when, in tin; (fvent of a change of incutiibeni incumbency they are put in the possession of the the the bent. -68- If he make>i default. Appeal to the Archdeacun. Clergyman in a state of good repair, the Clergyman shall keep and maintain the same in as good repair and condition, ordinary wear and tear of the same excepted ; but if the Incumbent by wilful negligence, by any act of commission or omission, suffers the said buildings to go out of rejiair, he sliall be held responsible for the same, and it shall thereupon be the duty of the Churchwardens to point out such dilapidations to the Incumbent and recjuost him to provide a remedy for the same: and should he de- line or neglect to repair the same, the ("hurchwar- dens may, after a reasonable space, employ a suit- able mechanic or mechanics to execute the necessary repairs, and they may deduct the expense thereof, certified by the bills of the contractors or workmen, from the Clergyman's annual salary paid by the Parish. Hut if the Clergyman feels himself aggrieved by such contemplated action of the Churchwardens, he may appeal to the Archdeacon having jurisdic- tion, who shall decide the matter or (if he sees fit) msy appoint a committee to examine into the merits of the case, and report thereon {■> him; and in either case his decision shall be binding, pending which decision the Churchwardens shall suspend the con- templated action. Repairs at the charge of the parish. 3. If, however, any extens.ve improvements or re- pairs become necessary from he lapse of time or otherwise, such as new roofing, painting, or new fences, the expense of these and all similar improve- ments or repairs shall be borne by the Parish. And the Clergyman, when such repairs are required, shall lay a detailed statement of the same with an ap- proximate estimate of the expense, before the annual Easter meeting of the Vestry, having previously given notice of his intention so to do, or before a Vestry meeting specially convened fot the purpose ; and if the members of the Vestry sanction the same, the Churchwardens shall forthwith proceed to effect the necessary repairs, providing for the expense thereof from the funds of the Cliurch, by parochial subscriptions, or by any other mode determined upon by the Vestry : but the expense of such im- -69- provements shall not be defrayed from any funds appropriated lo or pertaining' to the support of the Clergyman. 4. The Churchwardens shall keep the said build- HuiidinKs to be ings insured, to at least two-thirds of their value, in •"^"'<=''- some responsible office, and in default of tlieir doing so, the Incumbent may ertoct such insurance, and make the expense a charge against the Parish. 5. The family of a deceased Clergyman shall be use by family allowed to occupy the Parsonage and premises ap- purtenant thereto for three months from the date of hi'3 decease. 6. In case an Incumbent, before his death, has RiwHt to crops. caused any of the lands to be sown or planted at his own proper costs and charges, the crops shall belong to the legal representatives of the deceased. 7. The grass in a meadow, cut prior to the death Ami to hay and of the Incumbent shall belong to his legal represen- tatives, but the standing grass shall become the property of his successor. 8. The successor of a deceased Incumbent shall, I'roportion o» ... , 1 fj • • ii ) i. r Hilt p.ivable to withm one month atjer receiving the year s rent ot lamiiy.' the glebe, or of any portion thereof, pay to the legal representatives of the deceased such part of the said rent so received as is proportionate to the portion of tiie year elapsed at the date of the Incumbent's death. g. If the Incumbent of any Parish or cure is com- KisUt of iticum- pelled to resign through age, sickness or infirmity, '"'""'•"'^"'"^• he shall be entitled to the privileges conferred by this Canon on the family of a deceased Clergyman. 70- CANON XXXIII.— PARISHES AND THEIR BOUNDARIES. Dctinition ot I. Tlic Incunibent and Churchwardens of any agreement!' ''^ curc may, when necessary hold a conference or con- ferences with the Incumbent and Churclnvardens of an adjacent Parish or cnre, and by inntuai agree- ment arrange and define the boundary common to both, and shall make a report to the Archdeacon having jurisdiction, for his consideration, who shall sulnnit the same to the Bishop, with his remarks thereon ; and if the Bishop approves of the same, the boundaries so arranged and approved shall be the boundaries of the Parishes or cures aforesaid. Coiimiissioii it there is no agreuinent, 2. In cases where the boundary camiot be arranged by such mutual agreement, the Archdeacon shall issue a Commission to two Clergymen and one Lay representative, none of whom are connected with such Parishes or cures, authorizing them to investi- gate the matter and report their decision to the Archdeacon for his consideration, who shall submit the same to the Bishop, with his remarks thereon; and if the Bishop approves of the same, the boun- dary so arranged and approved, shall be the boun- dary common to the Parishes or cures aforesaid. niiiation. New prtiishes. Presentation to benefices. 3. The boundary of a Parish or cure being once defined, approved, and declared, may not be dis- turbed w^ithin the space of five years, except in the case of the formation of new Parishes ; and every new and distinct Parish erected as herein provided, shall be deemed, and is hereby declared, to be a Parish or benefice, with the cure of souls ; and the right of presentation upon avoidance of the said benefices, unless legally vested in sotne other per- son or persons, shall vest in ajid !)e e?^erci§ed by the J3ishop of this Pigcese, —71— 4- When any of tlie parishioners residinj,' in any PrrceedinKs lor Parish or adjoining Parishes, desire to have a new pa''risl°" "' """ and distinct Parish (>rected, the said parishioners shall present a memorial to the Archdeacon having jurisdiction, stating fully the reasons moving them thereto, also the jiroposed boundaries of the contem- plated new Parisli, and whether the Rector or In- cumbent, or Rectors or Incumbents, of the Parish or Parishes aforesaid consent thereto, and when the said Archdeacon is satisfied that the provisions of the seventeenth section of the Church Temporalities Act have been complied with, or that the means for the worship of God have been provided, then the Archdeacon shall report the same to the Bishop of this Diocese, who shall, on approval, declare the said portion of the Parish to be a new Parish. In cases wliere the Rector or Incunibent of any Parish it rector or i-r 1 1 'ii 1 1 1 1 • >. r i.t 1- • inriiinbiml does affected withholds his consent irom the preliminary not consent. memorial, he shall be required to state his reasons in writing within one month to the Archdeacon, who shall decide on their validity. 5. Any boundary defined and established under Kenistnitionof the authority of this Canon, shall be entered and registered in a book to be kept by the Registrar of this Diocese for that purpose, and a copy thereof shall be furnished to any person applying, on pay- ment of a fee of one dollar. 6. In case the Archdeacon having jurisdiction is "g^'.^jfr^'^'^" the Incumbent of the Parish or cure affected by the party. proposed division and settlement of boundaries, the proceedings under this Canon shall be taken before the other Archdeacon or such other Clergyman as the Bishop appoints. —72— CANON XXXIV.— EDNOWMENT OF PARISHES. Foriii.ilion nl endcjwininl Itind. I. The Incumbent of every Parish where no ade- quate endcnvnierit alreatly exists, may commence "A Parochial I'Indowmeiit Fund," by takinj^' up in each year a collection for the purpose in each Church and Station within the same, and soIicitin/^Mnoreover, sub- scriptions, donations, and be(]uests of lands or money for the promotion of the Fund, until a sufficient En- dowment Fund shall have been secured. Property to be held in trust. ManaKemeni. 2. All gifts or bequests of real estate, and all lands otherwise acquired by any Parish for the purposes contemplated by this Canon, shall be held by the Bishop or the Synod, in trust for the benefit of the Incumbent of the Parish for the time beinf,' ; and the said real estate shall be managed by the Incumbent of the Parish, as in the case of the present Rectors and their glebes. Funds to ac cumulate. 3. All such subscriptions, donations, collections, and bequests of personal property shall be vested in the Bishop or the Synod, in tri'st as aforesaid and, with the interest, shall be allowed to accunnilate until the sum of $1,000 be thus secured, after which ail new collections, subscriptions, donations and be- iMveMiMciit and (jucsts of persoualt}' shall be invested, anil the in- terest shall be annually appropriated towards the In- cumbent's support, and to that purpose only, and the management of such Fund shall be in the In- corporated Synod of the Diocese of Ontario. application. pui chase' ty be u. 4. Whenever it is deemed advisable by the In- cumbent, Churchwardens and Congregation in Ves- try assembled, the moneys and other perbonal prop- erty of the F'und may, with the consent in writing first had of the Bishop or Synod, as the case may require, be appropriated to the purchase of a glebe or piece of land adjacent or near to the Parsonage —73— for a glebe, as an endowment appurtenant to the same, and for the benefit of the Incumbent for the time being ; and in such case section three, so far as it relates to tlie accumulation of the Fund, shall be dispensed with, so that the whole of the Fund may, if necessary, be applied to the said purchase ; but with such exception, no y)ortion of the b'und shall, under any pretext whatever, be alienated or appro- priated to any other object than for the sujiport of the Incumbent, as aforesaid: provided, liowever, ''f"^'^'°" ''.' . *■ ' esse ''I (llVlSIOtl that in the event of the future ilivision of the Parish, oipa.isii. the Endowment F'und so created siiall likewise be subject to division, in accordance with the rules and regulations adopted from time to time by the Synod of the Diocese for the division of Parishes and of the endowments thereunto pertaining. CANON XXXV.— ERECTION OF CHURCH BUILDINGS. I. No Church, Parsonage, Parochial School or P'*"^ °/.'""''i- other Church building shall be erectc'ti, altered or ^iiprovai. purchased, unless the plans thereof are first sut mitted by the Incumbent and Churchwardens, or in case of a vacancy in the cure by the Churchwardens, to the Archdeacon having jurisdiction and are ap- proved by him. ect to rtliproval CANON XXXVL— CHRISTMAS OFFERTORY. I. The offertory of the respective Congregations ciiristmas throughout this Diocese on Christm^iS day ot every year, shall be devoted to the sole use of the Incum- bent of the Church in which the offertory is made. —74— CANON XXXVII.— UNAUTHORIZED COLLEC- .TIONS. Nounauthor- I. No Clergyman or Layman shall collect money by%p"iron°" for any Church purpose beyond the bounds of his DTocese.'" "'" "^^^ Pailsh or Mission, or proceed to any other Dio- cese for the same purpose without the sanction and approval of the Bishop, and such collector shall ob- tain the sanction of each Incumbent before he makes a collection in his Parish or cure, and he shall report to the Incumbent the result of such collection. Oil coming from 2. No persou from ai.y other Diocese shall make anmhei Dio- coUections within this Diocese without first obtain- ing the sanction of the Bishop. CANON XXXVIII.— INTERPRETATION— AND REPEAL OF EXISTING CANONS. "Shall" and I- In all Canons passed by the Synod of the Dio- ""'^y" cese of Ontario the expression "shall" shall be con- strued as imperative, and the expression "may" as permissive. ExistiiiR canon. 2. All Cauous heretofore passcd by tlic Incorpor- repeaied. j^^g^j Synod ot the Diocese of Ontario, and in force at the time of the confirmation of the Canons herein contained, are hereby repealed, and the said Canons hereinbefore set forth and numbered from one to thirty-seven, both inclusive, are substituted in lieu Howr.rv, thereof ; but such substitution shall not revive any consuuli)? ' ^ Canon or part thereof repealed by any Canon for which the foregoing are substituted; and the said —75— substituted Canons shall not be held to operate as new laws, but as a consolidation and continuation of the said repealed Canons, subject to the amend- ments and new provisions incorporated with the said substituted Canons. 3. Any reference in any resolution or proceeding as to references of the Synod, or in any deed, instrument or docu- .'reedsTmiVn- ment to any Canon hereby repealed shall, after these ^'"'""'n's substituted Canons take effect, be held, as regards any subsequent transaction, matter or thing, to be a reference to the enactment in the said substituted Canons having the same effect as such repealed Canon. _77— Diocese of 0ntario. RESOLUTIONS OF SYNOD SELECTED BY THE COMMITTEE FOR PUBLICATION. The following resolutions relate to the subjects of the Canons mentioned in the margin. UNFINISHED BUSINESS TO BE DROPPED FROM ORDER PAPER. That all notices of motions remaining undisposed canoT.iii. of at the final adjournment of Synod be dropped from the order paper. — Sess. xxv, p. 522. SALARIES OF OFFICIALS. That the salary of each and every paid official of canon vn. this Synod shall be fixed by the same, and that no committee shall have power to add to or diminish from it. — Sess. xi, p. 1003. -78- SECURITY TO BE FURNISHED BY CLERICAL SECRETARY. Canon VII. That the ClericalSecretarj' be required to furnish security by the policy of a Guarantee Company : that the annual or other premiums shall be paid by the Synod ; that the amount of such security shall not be iess than $5000 ; such security to be given to the satisfaction of the Executive Committee and within such time as they shall order ; and that the premium be charged against the Assessment Fund annually, or be otherwise paid as the Executive Committee shall direct. — Sess. xviii, p. 1734. CLERICAL SECRETARY'S SALARY. Canon vn. A Special Committee appointed May 15th, 1888, "to consider the whole question of the assessment of Parishes with a view to such Synodical action being had as (a) will result in securing payment of the amounts assessed, and fb) will result in specific provision being made as to the items of expenditure which shall be a charge upon the Assessment Fund" (Session xxvi, p. 26), recommended in their report to the Synod, which was adopted, that the salary to ' be paid to the Clerical Secretary in future should be $1600 a year. — Sess. xxvii, pp. 170 and 192. Canon VI n. BOARD OF RURAL DEANS. That the Rural Deans of the Diocese be a com- mittf^e or Board of Rural Deans, and that through their chairman they make a report annually to the Synod on the condition of the Church in their sev- eral Deaneries, in particular informing the Synod of any neglect on the part of the Parishes or Mis- sions in contributing to the maintenance of the clergy. — Sess. xxviii, p. 349. -79- SUNDAY SCHOOLS. The Committee appointed at the last Synod on canonvin the subject of Sunday Schools beg to report : — That considerinj^ the importance of the work of training the young, not only in the principles of the Church, but in the practice of helping in its work, they are of opinion that the Sunday Schools should be recognized in some way as an integral part of the Diov,esan organi;iation, seeing that one of the avowed subjects for the consideration and action of the Synod is the '* diffusion of sound religious edu- cation." They, therefore, suggest that a Standing Committee of Synod, consisting of members, should be appointed annually by the Bishop, having the following and similar objects under their charge: — /. — Collections for Missionary Work. Already many Sunday Schools contribute to the Foreign Mission work of the Church, especially in Algoma, and although the amounts contributed ap- pear in the Reports of Synod and of the Foreign Mission Committee, yet it would stimulate the efforts of these Schools and induce others to join in the work, if such Reports were grouped together under a Special Committee, and thus be more easily and particularly brought before the Sunday Schools of the Diocese. //. — Statistics. It is very important that proper statistics should be compiled for ihe information of the Church, as to the extent and progress of Sunday School work in the different Parishes, in order if possible, to stimulate to greater efforts. ///. — Instruction of Teachers. The instruction of teachers can hardly come under the cognizance of the Synod, but it may very well — 8o— be a part of the work of a Committee on Sunday Schools, to act as a medium for orga.m/Ang the ma- chinery for the examination of teachers and of scholars, if necessary, after the example of the Church of England Sunday School Institute in England. IV. — Sunday School Lesson Books. As the diffusion of a " sound religious education" depends greatly upon the character of the manuals used, one of the objects aimed at should be to re- commend or prepare such books as they may deem necessary, and to provide facilities for procuring them. — Tiie above report was adopted. — Sess. xxi, P- 2153- DECEASED MEMBERS OF SYNOD. Canon vni. The Committee appointed by the Lord Bishop to report in reference to those rnsmbers of the Synod who have been removed by death since the last sit- ting, ^ ^ ^ beg to recommend that a Standing Committee of Synod shall be named by the Lord Bishop whose duty shall be from year to year to report to the Synod at its annual meeting the names of those members who shall have died during the previous year, with some brief and appropriate notice. — The above report was adopted. — Sess. xxiii, pp. 194-5. MOUNTAIN MEMORIAL CANONRY. Canon VIII. That the generous offer of the Rev. Dr. Mountain, as contained in his communication read in the re- port of the Committee on the Division of the Dio- cese, be thankfully accepted. Sess. xxvi, p. 37. — 8i— Tliat his Lordship the Bishop he r^fiuested to ap- (-aiKinviif, point a Committee for the manageinent of tlie pro- perty at Cornwall conveyed to tlie Synod by the Rev. Dr. Mountain to establish a Mission Canonry, to be called " the Committee on the Mountain Memorial Mission Canonry." — Sess. xxvii, pp. 155 and 171, DIOCESAN LIBRARY. That the Lord Bishop be requested to appoint canonviii. annually a Committee to take charge of, and arrange the Diocesan Library ; and that such Committee be empowered to frame rules and regulations, subject to the approval of the Bishop, with a view to making this valuable Library available for the Clergy of the Diocese generally. — Sess. xxvii, p. 171. CHURCH OF ENGLAND TEMPERANCE SOCIETY. The Committee appointed on the question of the canonvni. formation of a Church of England Temperance So- ciety beg leave to report : — That they would advise the formation of a Dio- cesan Branch of the Church of England Temperance Society, and that for this purpose a Standing Com- mittee of this Diocese be elected annually, to be called " the Committee on Temperance." — Sess. xxvii, p. 40. —82— REPORT OF coMMirn:!-: ox stiim:nd of BISHOP OF ALOOMA. Canon xiii. The Committee named to consider and report upon tlie mode in which the sum of :$400 to be con- tributed annually by this Diocese towards the stipend of the Bishop of the Missionary Diocese of Algoma shall be provided, be<^ to report that in their t opinion the duty of raisins,' the required amount properly devolves on the Board of b'oreif^n Missions, and the payment thereof should be a first charge upon its funds. — Sess. xx, p. 1997. EXPENSES OF DIOCESAN REPRESENTA- TIVE ON GENERAL BOARD OF MISSIONS. Canon xui. That In the opinion of this Syno(J it is desirable that the railway and steamboat fares of the Bisliop ' and the two Clergymen and two Laymen nominated b> this Synod as members of the Board of Manage- ment of the Domestic and Foreign Missionary So- ciety of the Church of England in Canada, incurred in going to and returning frnm the meetings of the Board, be defrayed out of the F'unds raised in this Diocese foi that Society. — Sess. xxv. p. 521. Canon xvni. That special offerings be asked for during Lei^i in each year from every parish in the Diocese for the Divinity Students F"und. — Sess. xxviii, p. 350. DUTIES OF RURAL DEANS. Canon XXX. That in view of the inadequate stipends received by many Clergymen in this Diocese, the Lord Bishop be requested to instruct the Rural Deans to \isit every Parish or Mission in their Deaneries where the Clergyman in charge represents the stipend to be below the minimum Hxed by Synod, viz ; for Pries;.- 5!8oo and house, Deacons $600 ; and to endeavour to bring the income up to the retjuired amount and report thereon at the next meeting of Rural Deans. — Sess. xxviii, p. 349. NO DEDUCTION FROM COLLECTIONS. That for the future no deduction shall be made canons xii, from any collection ordered by this Synod. — Sess. xviV^''""'' X, p. go8. COLLECTIONS RECEIVED AFTER CLOSE OF FINANCIAL YEAR. That should the whole of the moneys collected for the Mission F"und not be sent in by the 30th of April in each year there be an additional column in the statement of collections in the Journal of Synod for the year, showing what further moneys of the Mission Fund have been sent in after 30th April and before the closing of the Session of the Synod. — Sess. xxvii, p. 1594. Canon XU. MORTGAGING CHURCHES. That in the opinion of this Synod it is inexpedient to grant permission to mortgage any Church edifice, or the land required therefor. — Sess. xix, p. 1849. Canon XXX. -84- COMMENDATION OF SYSTEMATIC GIVING AND DISAPPROVAL OF LOTTERIES, Etc. This Synod hereby expresses its strong disapproval of Lotieries, Raffles, and other species of jifarnbhng in connection with Church work.- Sess. xii, p. 1095. DIOCESAN CONFERENCE. That at he meeting of the Executive Committee in May the Chairman do name ."in evening during the Session of Synod on which a meetmg of the members of the Church may be held to deliberate on the best means for promoting the interests of the Church. — Sess. xxii, p. 40. -85- MISSION BOARD. RULES OF ORDER AND BY-LAWS ORDER OF PROCEEDINGS. 1. Reading, correcting, and approving the minutes of the previous meeting. 2. Presenting Reports. 3. Presenting and reading petitions and corres- pondence. 4. Taking up unfinished business. 5. Proceeding with general business. The above order may be changed in any particular case on the vo^e of the majority of the members of the Board. The mecjtings of the Board shall open and close with prayeir. —86- BY-LAWS. I. At each meeting' of the Hoard, a financial statement of the Mission Fund shall be presented by the Clerical Secretary for the period which has elapsed since the closing' date of the statement furnished at the previous meeting. II. At each meetinpjof the Hoard a short statement showing the receipts and disbursements of the Mission Fund for the year preceding the meeting, together with a comparative statement tor the cor- responding period in the previous year, shall be dis- tributed to the members. III. All grants made by the Board shall be made to the Mission or Parish, and be subject to with- drawal upon any change taking place in the Incum- bency. IV. In case of clergymen not making all the col- lections appointed for missionary purposes, their checiues from the Mission Fund shall be withheld until such collections are made, unless the Board, on application of the clergyman in default, shall be satisfied that the failure to make the return is excusable. The Parochial Collections shall be for- warded to the Clerical Secretary before the 25th day of April in each year, and the other collections within one month of the time appointed for making the same. V. After the expiration of one month from the time when any periodical collection should be made in any Parish or Church for the Mission Fund, the Clerical Secretary shall address a circular to the clergymen of such Parishes or Churches as have not remitted the collection, requesting to be irformed of the reason of the defaul|:f -87- VI. The Clerical Secretary shall, on or before the fifteenth day of March in each and every year, send to the several Missionaries of the Board the follow- ing circular : 'to Reverend and Dear Sir : — Will you have the kindness to furnish, for the information of the Board of Missions, answers to the following questions, which please send to the undersigned on or before the 25th day of April next. Yours faithfully, A. SPENCER, Clerical Secretary. 1. What is the extent of your Mission ? 2. What is the number of Church people in your Mission ? State also the number connected with each Church or congregation. 3. How many Church families are there in your Mission ? 4. How many Churches and Stations have you in your Mission ? Give the name of the Churches, and state of what material they are built, and state how often you have Divine Service therein. 5. What is the distance of each Church or Station from the principal Church ? Give also the distance of the principal Church from Churches in neighboring Parishes or Missions. 6. How many Communicants are there in your Mission? What is the average attendance for the year at Wo\y Cpp^piunion ? —88— 7. How many Baptisms, Marriages, and Burials are there during the year? 8. Have you a Par3onap;e ? If so, of what material is it bi#t ? How much land is there attached to it ? 9. Have you any Endowment? What is its nature and annual value ? 10. Is your Parish in debt? If so, to what amount ? Why incurred ? What means are there of payment ? State particularly the nature and amount of any incumbrances on the Church property. II. What was the stipend promised by the people for the past year ? What did you receive from them ? 12. What amount do you consider your people should contribute towards the support of their clergyman ? 13. Give the number of Sunday Schools in your Mission, and of children attending them ? 14. Are the Church Buildings and Parsonage insured ? If so, in what Company, and tor how much ? -89- Until the report required by such circular shall be furnished, the grant to such Mission shall not be paid. VII. When a clergyman who receives a grant from this Board is placed on the Commutation List, such grn ^t shall at once cease. VIII. Rural Deans and Conveners of Deputations shall invariably make their returns before April 30th in each year. IX. Each clergyman shall send to his Rural Dean within one month after the date ordered for the Advent and Trinity sermons, and in the case of the Parochial Collections before the 30th day of April in eacli year, a certificate according to the form pro- vided for the purpose. X. The Archdeacons, or the Rural Deans under their instructions, shall, when recjuired by the clergyman in charge of any Mission of which the grant has been reduced under the classification scheme, promptly visit such Mission and endeavour to induce the congregation to make good the amount withdrawn by the Board. XI. By-Laws or Rules of Order, or amendments thereto, unleso carried by a two-thirds vote, shall not come into effect until the following meeting. —90- Instructions to the Rural Deans issued by the Lord Bishop on November 25th, i8qo, to be in force until further order be taken. 1. Inasmuch as the appointments of Rural Deans, their functions and jurisdiction, originate from the Bishop, it is understood that, within the hniits of their commissions, they are acting b)' his authority. 2. As no coercive power is involved m that com- mission, all doubtful or disputed matters are open to appeal, and may be referred to him for adjudica- tion. ^. Within their respective limits the Rural Deans shall take the oversight of all Mission work and shall advocate the interests of the Mission Fund of the Diocese. 4. They shall arrange, under the supervision of the Bishop, the list of deputations for the annual missionary meetings, in time for its publication in the Synod Journal, and see that said meetings are held. 5. On being apprised of a vacancy in any Parish or Mission within his Rural Deanery, where the stipend depends in anv degree upon the voluntary contributions of the people, the Rural Dean with as little delay as possible shall visit such Parish or Mission, and secure, as far as may be in his power, suitable provision for the clergyman's inaintenance, reporting forthwith to the pisbop, -gi- 6. They shall take note, in each Parish or Mission, of the sum pledged as stipend to the Missionary in charge ; and when this stipend is iiisiitHcient, shall use every effort to get it increased ; aiid especially shall see that the Missionary does not suffer throui^h dejault on the part of the people . Every such case of default, if found irremediable by the Rural Dean, shall be by him reported to the Bishop. 7. They shall report annually to the Bishop, before the ist of May, on the state of the Church in their respective Deaneries. 8. They shall inspect from time to time, the state and condition of the several Churches, Parsonages and other Church properties, and shall take such measures, with reference thereto, as may be deemed advisable. 9. They shall inspect from time to time, and report upon, the condition of Parochial Registers. ID. They shall see that all Church buildings are properly insured. 11. They shall hold in each and every year in their respective Deaneries one or more meetings of the Ruri-Decanal Chapter. 12. They shall arrange for the Confirmations in each Deanery. ij. They shall keep records of their official acts in connection with each Parish or Mission. -93— STATUTES RELATING TO THE CHURCH, SVNODS, &c. 3 VICTORIA (U. C.) C. 74. CHURCH TEMPOKALmHS ACT. An Act to make provision for the manage- ment of the temporahties of the United Church of England and Ireland in this Province, and for other purposes therein mentioned. Royal Assent promulgated ^rd December, 1841. (This Act, known as "Thk Church Tkmporalitjes An," is vaj ieJ as lespecls the Diocese of Ontario, by Canon XXX, relating to Vostries, under the powers conferred by the Act, 19-30 Vic, c. 15. j Whereas it is desired on behalf of the United Preamble. Church of England and Ireland, in the Province of Upper Canada, that provision should be made by law for the internal management by the members of the said Church of the temporalities thereof, and also for allowing: tlie endowment thereof, and it is just and expedient that such provision should be made, Be it therefore enacted hy the Queen's most Excellent Majesty, by and with the advice and con- sent of the Legislative Council and Assembly of the Province of Upper Canada, constituted and assem- bled by virtue of and under the authority of an Act passed in the Parliament of Greit Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's reign, intituled, 'An Act for making more effectual provision for the ■ Government of the Province of Quebec, in North America,' and to make further provision for the Government of the said Province," atid by the Freehold of authority of the same, That from and after the \~)^9.s- vesthMhc*'-'" ing of this Act, the soil and freehold of all Churches Im'umbent ^^ ^^'^ compiunion of the said United Church of England and Ireland, now erected or hereafter to be erected in the said Province, and of the Church- yards and Burying-grounds attached or belonging thereto, respectively, shall be in the Parson or other Incumbent thereof for the time being; and that the possession thereof shall be in the Incumbent for the time being, and the Churchwardens to be ap- pointed as hereinafter is mentioned, by whatever title the same may now be held, whether vested in Trus- tees for the use of the Church, or whether the legal estate remains in the Crown, by reason of no Patent having been issued, though set apart for the purposes of such Church, Church-yard or Burying ground: Proviso. Provided always, that nothing herein contained shall extend to affect the rights of any other Church or body of Christians to any landed property or Church now erected, but that the s^rme shrill remain as if this Act had not been passed. KaVesUT. 1 1- A ud be it further emicted by the authority afore- said, That all pew-holders in such Churches, whether holding the same by purchase or lease, and all per- sons holding sittings therein by the same being let to them by Churchwardens, and holding a certificate from the Churchwardens, of such sitting, shall form a Vestry for the purposes in this Act mentioned and declared. —95— III. A )iu he it further enacted by the authority rtA"'^- oiainaiy mecit- mid, That a inectiuL' of sucli Vestrv shall be holdeii '">;•'•""'''<" on Monday in Kaster week, in t.-ach and every year, vrsny. after due notice thereof given durinj,' Divine Service on the morninj,' of Erister Sunday, for the purpose of ajipointin;^' Cluuclnvardens for the ensuinj,' year; and tliat ot such meetin;,' one Cliurchwarden shall he nominated by the Incumbent of the Parsonaj^^e or Rectory to which the said Church Ijelonj^'s, and tlie other shall be elected by a majority of those present and entitlefl to vote at such Vestry meeting, as afore- said : Provided nevertheless, that in case of such In- cumbent declining or n-glecting to nominate a Churchwarden, tiien both of the said Churchwirdens shall, for the current year, be elected in the manner aforesaid ; and in case the members of such Vestry sliall neglect to elect a Churchwarden, then both of such Cluuclnvardens shall, for the current year, be nominated by the Incumbent : Provided always, that if from any cause a Vestry meeting shall not take place at the time aforesaid, such af)pointment of Churchwardens may take place at any subsequent \'estry meeting, to be called in manner hereinafter provided ; and in case of the deatii or change of resi- dence to twenty miles or more from any such Church, of either of the said Churchwardens, a Vestry meeting shall be thereupon called for the election, by the said Vestry, of a new (^hurch war- den, in case the one deceased or removed had been elected by the \'estry, or for the nomination of a new Churchwarden by tJie Incumbent, in case the one deceased or renloved had been nominated by the Incumbent. IV. ^\nd he it f Hither enacted by the authority afore- c\mrchv.MAen&. said, I'hat no person shall be eligible to the office of Churchwarden excep. members of the said Church of the full age oj twenty-one years, and who shall also be members of such Vestry. V. And he it further enacted by the authority a/on-- f^i'"|-'''"'arKs. said, That in all Vestry meetings, the Rector or In- cumbent of the Church shall preside as Chairman w hen present, and in his absence such person as the majority present at such meeting shall name; and the Vestry Clerk, when there is one, and present, or in case there be no Vestry Clerk, or he be absent, then such person as the Chairman shall name shall be Secretary of such Vestry meeting ; and the pro- ceedings of such Vestry meetings shall be entered in a book to be kept for that purpose, and preserved in the custody of the Churchwardens. "99 - XII. And he it further enacted hy the authority afore- i<..«iiiaiionoi said, TI at the rtint-chari^e to be paiil upon pews '"" '""''• linKion ill frei-hold, and the rent to be paid for pfws and sittiniLis in pews, leased or rented, shall be rej^'ulaterl from time to time at such N'estry n.eetinpfs, as aforesaifl ; Provided nevertheless, that no alterations shall be iiade therein except at Vestry nieetiii^s called for such special purpose, and so expressed in the notice callinj^' the same ; and fm ther, that the cliar{,'es to be inar the better and more uni form regulation and management of all or any ol the Temporalities of the said United Church of Eng- land and Ireland, in this Province, and every such Canon or By-law shall have effect accordingly; pro- fec'ir.ins'^rn'earii titled always, thai the proviso to the eighteenth sec- ofti.e.n. tionofthe Act tirstlv, and that the proviso to the eighteenth section of the Act thirdly in the Preamble of this Act mentioned; and also the eighteenth sec- — 103— tions of the Acts firstly and secondly, and the twenty- second section of the Act thirdly in the Preamble of this Act mentioned, shall not, nor shall either of them be, in any manner varied, altered or repealed, by any such Canon or by-law, as aforesaid, and provided also that such Canon or By-law shall be approved by the Governor-in-Council, and before such ap- proval, shall be published for three months in the Official Gazette. 2. This Act shall be a Public Act. Note. — An attempt was made by the I'rovinciKl Synod in the year t868 to alter the Churoh Temporalities Act under the powers conferred by the foregoing Statute. It was held by the Minister of Justice, however, that since confederation all laws relating to property and civil rights having become subject to the jurisdiction of the local legislatures, and the 65th Clause of the Hi itish North America Act 1867, having transferred totlie Lieut. -Oovernors of the Provinces respectively the administration of all laws coming within their respective jurisdictions, the approval of the Ciovernor-in- Council could not be given, and that in fact he had ceased to ha.'e any jurisdiction in the matter. The Act is therefore practically in inoperative. The Synod of Ontario has secured from the local legislature the legislation necessary to enable it to alter the Church Temporalities Act. — See Journal Provincial Synod 4th Sess 1868, pp. 76, 100 ; 5th Sess. 1S71, p 21 ; 39 V. O. c. 109, post. -104 — TRUSTS AUTHORISED HY THE CHURCH TEMPO- RALITIES ACT. The Church Temporalities Act in its i6th Section, makes valid any deed, devise, or conveyance of land, or of personalty made to any Bishop of the United Church of England and Ireland in Ontario, and to his successors, for any of the following pur- poses : ist. For the Endowment of his See. 2nd. For the general uses of the Church in On- tario, as the Bishop to whom the deed is given, and his successors appoint ; or as is appointed other- wise in the deed (that is for the general uses of the Church in Ontario), to be applied under such par- ticular direction as is given in the deed, and not in the general discretion of the Bishop. 3rd. For the use of any particular Church (in On- tario), erected at the lime of the deed being made, — and this, it is conceived, may by reasonable and proper construction be divided, as the preceding head, into two; namely, to be applied towards the support of that Church in such manner as the Bishop to whom the deed is given directs ; or to be applied towards the support of such Church otherwise than at the discretion of the Bishop, and under such par- ticular direction as is inserted in the deed. 4th. For the use of any particular Church to be afterwards erected in Ontario, to be applied towards —105— the support of such Church, as the Bishop to whom tlie deed is given and his successors direct ; or to be appHed towards the support of such Church other- wise than at the discretion of the Bishop, and under sucli particular direction as is inserted in the deed. 5th. for tiie endowment of a parsonage, rectory, or hving, to be appHed (as it is conceived) to that ob- ject, under the direction of the Bishop, unless other provision for the appropriation of the rents and pro- fits is made in the deed. 6th, For other uses or purposes appurtenant to the Church in Ontario, that is for some specified use or purpose, or uses or purposes, pertaining to the Church generally, — the proceeds to be applied in promoting that object, in the discretion of the Bishop, unless other provision is made in the deed. 7th. For other uses or purposes appurtenant to any particular Church (in Ontario), named in such deed ; that is, for some specified use or purpose, or uses or purposes, pertaining to such particular Church, — the proceeds to be applied in promoting such uses or purposes, according to the discretion of the Bishop, to whom the conveyance is made, unless other provisions are made in the deed. 8th. For some use or purpose appurtenant to some particular parish (in Ontario), which use or purpose should be specified in the deed, and should be some use or purpose connected with the Church in that parish, — the rents and profits to be applied in promoting such use or purpose in such manner as the Bishop to whom the deed is made, appoints, unless other provisions are made in the deed. The same Act, in the same Section, makes valid any deed or conveyanee of land, or of personalty made to any Parson or Rector, or other Incumbent and liis successors : — — io6 — 1st. F"or the endowment of such Parsonag^e, Rec- tory or Living. 2n(!. For other uses or purposes appurtenant to such Parsonage, Rectory or Living, (which uses or purposes are to be expressed in the deed, or may be left to the discretion of the Incumbent, or left to be pointed out and promoted through the agency of ? -me third party, as the deed directs. NoiK — In onltM to the validity of Deeds ami Bequests, the same must be iiiaile iiiid cxeriiliKl six niiinthb .it least beloie tlie death (it the »>raiitor or devisor, and must be registeied nut later than six inunths alter his decease. 7 VICTORLV (CAN.) C. 68. Act to incorporate the C'hurch Societies of the United Church of Enijland and Ire- land in the Diocese of Ouebec and To- ronto. Reserved fur signification of Her Majesty's pleasure, gth December, 1843 ; assented to by proclamation 2-]lh June, 1844. Pr.amhie. Whcrcas it has been represented to the Legisla- ture of this Province, that certain persons herein- after named, and divers others, inhabitants of Lower Canada, and also certain other persons hereinafter named, and divers others, inhabitants of Upper Can- ada, have respectively established themselves to- gether under a Constitution, Rules and Regulations, and have contributed, or engaged to contribute, con- — 107— sidcrable sums of money, and have given or j^ranted, or proniiscii to give or f^'rant, lands or real estatu- for the followinj,' objects, that is to say: — P'irst, for the encouraj^'enient and support of Missionaries and Cler/^'vinen of tlie United Church of ICngland and Ireland, severally within the Dioceses of (Juohec and Toront(j, and for creating a fund towards the aug- mentation of the Stipends of poor Clergymen and towards making a provision for those who ma\' he incapacitated by age or infirmity, and for the widows and orphans of the Clergymen of the said Church, respectively, in the said Dioceses; Secondly,* for tlie encouragement of education and the su|»port of Day Schools and Sunday Schools in the said Dioceses res- pectively, in conformity with the principles of the said Church ; Thirdly, for granting assistance, where it may be necessary, to those who may be preparing for the Ministry of the Gospel in the said Church within the said Dioceses, respectively; I'ourthly, for circulating in the said Dioceses, respectively, the Holy Scriptures, the Book of Common Prayer of the said Church, and such other Books and Tracts as shall be approved by the several Central Boards or Managing Committees of the said Associations ; Fifthly, for obtaining and granting aid towards the erection, endowment and maintenance of Churches according to the establishment of the sai*' Church in the said Dioceses, respectively, the creation and maintenance of Parsonage Houses, the setting apart of Burial Grounds and Churchyards, the endowment and support of Parsonages and Rectories according to the said establishment, and the management of all matters relating to such endowtnents: And where- as it would tend greatly to facilitate and promote the purposes of the said Associations that they should severally be incorporated and empowered to hold property in mortmain without letters of license, and to manage, administer, alienate or dispose of the same, for the uses and purposes aforesaid, and to make and enforce rules and regulations, respectively, for the government of the said Associations sever- ally, and for better attaining the purposes aforesaid: Be it therefore enacted by the Queen's Most ICx- cellent Majesty, by and with the advice and consent — io8- of the Legislative Council and of the I.cf^islative AsstMnI>ly of the Province of C "anada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of (ireat Britain and Ireland, intituled, An Act to rc-iinite the Provinces of Upper and j.owcy Canada, and for the Government of Canada, and it is hereby enacted by the authority of Certain persons the sauie, I'iiat the Lord l-»ishop of the said Diocese iiicorpoi ai. .1 ; f)f Ouebec, the Lord Bishop of Montreal, or the C luircti Siicieiy ,^. ,'•' , ' . . . , • ! r~v- r i otQuLiwr. Bishop admunstermf,' the said Diocese for the time bein{,', and William Smith, Andrew W. Cochran, Henry Jessop, Henry J. Noad, John Racey, James H. Kerr, David Burnet, W. H. Leaycraft, John M. VvmcY, the Reverend C. L. F. Haensel. George Hall, James Bolton, the Reverend George Mackie, the Reverend Edward Cusack, Robert Symes, tlie Reverend ICdmund W. Sewell, William Price, Noah Freer, Edward Bowen, John (}. Irvine, Hammond Gowen, Sir James Stuart, Baronet ; Matthew Bell, William Phillips, Henry Le Mesurier, Jnnior; Ed- ward L. Monti^ambert, Thomas Trigge, Peter Pat- terson, George B. Hall, James Turnbull, William Stevenson, James B. Forsyth, Alexander D. Bell, James Dyke, William Bowes, R. M Harrison, H. S. Dalkin, Edward Boxer, Archibald Campbell, Chas. Secretan, James McKen^ie, E. P. Woolrich, George H. Parke, Samuel McCaulay, James J. Loundes, G. Newton, Charles Secretan, Thomas Glover, Robert Daikers, H. W. Welch, and such other persons as are now members of the said Association of the Dio- cese of Quebec, according to the existing Constitu- tion, Rules and Regulations thereof, and their suc- cessors, to be elected in the manner hereinafter pro- vided, and such other persons as shall from time to time hereafter be elected to be members of the said Association in the manner hereinafter provided, shall be and are hereby declared to be a Body Corporate and Politic, in name and in deed, by the name of cimuh Society "The Church vSociety of the Diocese of Quebec;" and that the Lord Bishop of Toronto, the Venerable George O'Kill Stuart, Robert Simpson Jam.eson, Levins Peter Sherwood, James B. Macaulay. Jonas Jones. Christopher Alexander Hagerman, Peter Boyle De Blaquiere. William Henry Draper, John — lOQ — Simcoe Macaiilay, James (iordoii, Jnlui I^oiiltoii, John Solomon ('art\vri;^lit, D'Arcy H('iilton, Mahlon Hmvvell, John H. Askin, Thomas M* ircT Jones, I'rcdorick Widdci-, William H. Jarvis. H(nr\- Riittan, Joseph Wells, Walter Hoswell, Zaccheiis Bundiam, T, A. Stewart, William Dickson, fames Kerhy, Will- iam Allan, Geor^M! Ciookshank, R. (". Wilkins, I'hilip V'ankou/,'hnet, (ierrard Lloyd, John M,'ic;uila\, Sir Allan Napier McNab, (iuy C. Wood, (leo. Salmon, Henry Sherwood, and such other (lersons as are now members oi the said Association of the Diocese of Toronto, according to the e.xistin;^' ("onstitution. Rules and Rej^'ulations thereof, and tlieir successtjrs, to be tdectcd in the manner hereinafter provided, and such other persons as shall from time to time hereafter be elected to be members of ihe said As- sociation in the manner hereinafter provided, shall be and are hereb}' declared to be a liodx Corporate and Politic, in name and in deed, by the name of "The Church Society of the Diocese of 'I'oronto," and that (:„„„,„,„ s.ai by the same names the said Associations shall have ■^',',','.' !"'|";|"'*' each perpetual succession and a Common Seal, with power to chanj^e, alter, break, or make new the same, as often as they shall judge expedient, ami that they and their successors by the same names, respectively, may sue and be sued, implead and be impleaded, answer and be answered unto, in any Court of Re- cord, or other place of Judicature within this I'ro- vince ; and that they, and their successors, by the names aforesaid, shall be able and capable in law, respectively, to purchase, take, have, hold, receive, enjoy, possess, and retain, without license in Mort- main, or Lcttres iV Anwrtissement, all messuages, lands, tenements, and immovable property, money, goods, chattels, and movable property, which have been or hereafter shall be paid, given, granted, pur- chased, appropriated, devised or bcipieathed in an}- manner or way whatsoever, to, for. and in favor of the said Church Societies, respectively, to and for the uses and purposes aforesaid, or any of them, an(i to do, perform, and execute all and every lawful act and thing useful and necessary for the purposes aforesaid, in as full and ample a manner, to all in- MU't f^hJ'Ml. — no— tents, constructions, and purposes, as any other Body Politic or Corporate by law may or oii^ht to do. I'i„i.iiy veMni II. And bc it cnucted, that all laiids, jncssuaKes, lions'.'' ""'"'"*' tenements, hereditaments, or immovuble property, and all rents, sum and sums of money, cbarj^cd upon and issuing,' or payable out of any lands, messua},'es, tenement, hereditaments, or inmiovable property, as aforesaid, and all sums of money, floods, chattels, effects, or movable property, which have been or shall hereafter be paid, ^'iveii, ^'ranted, purchased, appropriated, devised or befpieathed in any n)anner or way whatsoever, to, for, or in favor of the sai Province, may meet in General Asseml)ly within this iL^^ves'lronr" Province, bv such Representatives as shall be deter- «^^s'' "diocese , , - , , j*^ , , . , . , and Iranio a mined and declared by tliem m their several consiitmion and Dioceses; and in such General Assembly frame a u'i^'sai'.mmr. h constitution and regulations for the general manage- '""|'sI'"^"''"> iu any case) may be elected at the annual ICaster '^"'"' meetings in each Parish, Mission, or Cure within the Diocese, » secnriti.s so hcretoforc conveyed, j)aid, or assij^^ned to the Cluncii vested. Society of the Diocese of Toronto, or to any other person for the benefit of the fuufl called the Episcopal Trust Fund, to be applied towards the support and maintenance of the Lord Bishop of the Diocese of Ontario, for the time being, shall be and the same are hereby vested in the Incorporated Synod of the Diocese of Ontario, and shall, by the said Incorpor- ated Synod, be held upon, to and for the use, trust and purposes for which the same were heretofore held by the person or corporation holding the same ; and the Incorporated Synod may take, have, hold and receive any and all moneys, mortgages, lands, and securities which shall hereafter be given, paid, devised or betjueathed to or otherwise acquired by said Incorporated Synod, for the benefit of said Episcopal Trust Fund. Tobeheidon VII. All Uuids, uioncys, mortgages, and securities which, under the authority of this Act, shall be vested in the Incorporated Synod of the Diocese of Ontario, shall, by the said Incorporated Synod, be held upon, to and for the uses, trusts, interests, and purposes for which the same was heretofore held by the person or Corporation holding the same ; and the said Incorporated Synod may sell and dispose absolutely of any such lands, mortgages, and securi- ties as in this Act mentioned, or any other lands, mortgages, and securities, which shall, after the passing (jf this Art, be received, held or acquired by the said Incorporated Synod, and shall have and — 121 — hold the proceeds of sucli lands, mort^af,'es, and securities upon the same trust as tlie said lands, rnortgaj^es, and s«'curities had been hofore held, and no purcliaser shall he liable for the application of any moneys paid by him or any sale under the {)ro- visions of this Act. \'II1. The Lord Bishop of tlu- said Diocese ol '"'!'°' , . , 1 ■ 1 11 1 1 • • ' iiiotii have Ontario, for the time beinff, shall have the admmis- nn aiiministia- . rill 1 1 I.- ^i-L' lion of Mich pi o- tration or all lands and personaltit;s vesterl mi him peny. or conveyed to him for the endowment of his See, or for the general uses of the said church, or for the use of any particular church or chapel erected, or hereafter to be erected, or for the endowment of any parsonaj^e, church, chapel, living, or f()r other uses or purposes appurtenant to such United Church in general, or to any particular church or parish, and shall, by and with the consent of the Incorjiorated Synod of the Diocese of Ontario, have power to sell, n.nv it may i.t alien and transfer any lands or personalty vested in '''"'"*""' or conveyed to him for the general uses or piuposes of the said See, or of the said Church, and shall also have power, by and with the consent and participa- tion of the Rector or Incumbent, and the Corpora- tion of the parish wherein the same be situate, and by and with the consent of the Incoporated Synod of the Diocese of Ontario, to sell, alien and transfer any land or personalty vested in or conveyed to him for the endowment of any parsonage, or living, or for the uses or purposes appurtenant to any parti- cular church, chapel or parish ; and the parson or ah.i it vested in other incumbent of any parsonage, church, chapel, ""• '"'^""''"''"' or living, to whom any lands or personalty sliall have been or may be hereafter conveyed for the endowment of such parsonage, church, chapel, or living, shall have power to sell, alien and transfer the same, by and with the consent and participation of the Bishop of the said Church in the said Diocese for the time being, and by and with the consent of the said Synod of the said Diocese ; Provided always, i'>"^iso. that the price or consideration of such sale, alien- ation, or transfer be applied to the uses and purposes for which the land or personalty so sold, aliened, or — 122 — Proviso. transferred, was conveyed ; And provided also that sucli sales, alienation or transfer be not inconsistent with or contrary to the conditions, uses or purposes of the deed of conveyance to the said United Church, or to any Bishop thereof, or to such parson or incumbent, as the case may be, of the land or personalty so to be sold, aliened, or transferred ; rioviso;asto And provided further, that this clause shall not Kectoiy laii.is. authorizc the sale of any land granted by the Crown to any Rectory within the said Diocese for the endowment thereof. IX. All the powers of the said incorporated Synod onhe'cofpo''ra'-'' shall be exercised by and through the Synod of the exnrlsr.l.*''^^ sajd Diocesc, and by such Boards and Committees as may, from time to time, be created by the said Synod, and the said Synod shall have the power of forming, dissolving and reforming, at pleasure, such Boards and Committees, temporary or permanent, for the management of all or any of the affairs and property of the said Incorporated Synod by any By-law or By-laws from time to time to be passed, with such delegated powers of the said Synod as may be thereby, or by any other By-law or By-laws of the Synod, conferred upon such Boards or Com- mittees ; the appointment of the members of said Committees to be made by the Lord Bishop, unless otherwise ordered ; and by the same or other By- laws to appoint and remove at pleasure, or provide for the appointment and removal of such and so many officers as may be re(iuired for any of the pur- poses aforesaid, and to define their duties and re- ProofofBy-uws muucration ; and the production of any By-law of the Snyod for all or any of the purposes aforesaid, under the Seal of the Incorporated Synod, or of any copy thereof certified by the Clerical or Lay Secretary under the said Seal, shall be evidence in all Courts of Justice of the due passage of said By-law, and of the contents thereof, without further or other proof. Head o( Cor- X. The Lord Bishop of the Diocese of Ontario, pora.io... f^^. jjjg ^jj^^g being, shall be the head of the said —123- Incorporated Synod, and the words " Incorporated Synod," when used in this Act, shall mean " The im(r|.i.tati.)n Incorporated Synod of the Diocese of Ontario," arid the word " Synod," when used alone in this Act, or without the word " Incorporated," shall mean the " Synod of the Diocese of Ontario," referred to ip the second Clause of this Act. XI. This Act shall be a Public Act. pubiir An. R. S. O. (1887) C. 2j6. An Act respecting; Rectories. Whereas the recognition of legal equality among Preamble all religious denominations is an admitted principle of colonial legislation ; And whereas in the state and condition of this Province, to which such principle is peculiarly applicable, it is desirable that the same should receive the sanction of direct legislative authority, recognizing and declaring the same as a fundamental principle of the civil policy of this Province : Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Provmce of Ontario, enacts as follows : — I. The free exercise and enjoyment of religious Thifupe-crr profession and worship, without discrimination or l\''okLkm.^'^".^ preference, provided the same Le not made an K»a.amee.i. excuse for acts of licentiousness, or a justification of practices inconsistent with the peace and safety of the Province, is by the constitution and laws of this Province assured to all Her Majesty's subjects within the same. — 124 — NorrrtoriesK. 2. No Icttcrs patctit sluill 1)0 Iieicaftcr issued in !T. l!u "i"''' ' ^^1'^ Province by the Crown for the erection of any parsonaf,'es or rectories, accordinj,' to the estabhsh- rnent of the Church of blnf^latid, or for the endow- ment thereof, out of the Clerj,'y Reserves or the pubHc domain, or for tiie presentation of any incum- bent or minister to any such parsonaj^'e or rectory. Certain ler- 3, Nothiuf^ hcrciu Contained shall in anywise ati.'caa'i'y'iilrs iiffect any proceedings heretofore had, whereby Ac. certain parsonages or rectories were erected and endowed, or supposed to be erected and endowed by the authority of an Act of the Imperial Parlia- ment passed in the thirty-first year of the reign of iiGtn. HI. ^ King George the Third, chapter thirty-one, intituled ".*1« Act to repeal certain parts oj an Act passed in the fourteenth year of His Majesty's reipi, intituled 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make fuither provision for the Government of the said Province,' " or whereby certain incumbents or mini- sters were presented, under the same authority, to such parsonages or r'^ctories or any cf them, but the legality or illegality of all such proceedings shall be adjudicated upon and determined as if this Act had not been passed. 4. The right of presenting an incumbent or I'li'MlltatMill 111 .^ . " ' " Mi-h If. loriis mmister to any such parsonage or rectory shall vest i-,ovuie.in., jj^ ^j^j 1^^. exercised by the Synod of the Church of England Diocese within which the same is situated, or in such other person or persons, bodies politic or corporate, as such Synod, by any by-law or by-laws to be by them from time to time passed for that purpose, may think fit to direct or appoint in that behalf. — 125— 2g-3'> XH'IOKIA (CAN.) C 16. An Act to i)r()\icU' lor tlu- >ak' of the Rectory Lciiuls in this iMoxincc. .lssciih\l Id 15/// Aii,i;ii' !•< m.i.i. consent of the Synod of such Diocese, where such Synod is not incorporated, shall have full power and authority to sell and absolutely dispose of any lands granted by the Crc^wn in such Diocese, as a j^lebe of, , or as appurtenant or belonging to, or appropriated for, any Rectory of the said Church in such Diocese, by whatever name the same may be calleil, or in w'homsoever the title thereto may be vested ; and any deed executed by such Incorporated Synod, or by such Church Society, shall vest in t\ i purchaser a full, clear, and absolute title to the said lands, subject only to any leases thereof or rights granted therein, by competent authority prior to such sale, and also tf) any mortgage that may be executed , thereof to secure all or any of the purchase money thereof; provided always, that such sale shall not proviso affect the estate or interest of the Incumbent of such Zenlm ; as to o» the iicumbeiit. — 126 — Rectory at the time of such sale, unless the consent in writing,' of such Incumhi-nt to such sale be first f^iven, and that without such consent the title vested in the purchasers by virtue of such deed, shall be subject to the estate and interest of the then Incumbent, in the lands so sold. invpsimfnt of 2. The proceeds of such sales, as the same may p,,,.c.e exercised as it was hefore this Act was passed. *5. The rif^ht to exercise the power of sale fjranted Hai.M tub.' hy this Act must he exercised within ten years from ^^'"""""'s"-"" the passinj^ thereof. "This seciion is icpcaled, .is resppcls llie Dioresp ol Ont.ii in, liy tlio Acl cit ilie LoKislatuic ol Onrariu, ii) Vic,, r. nx). S. 5. 6. This Act shall apply only to those rectories To what r..-. and rectorial lands which come within the provi- !,'i',aiiVpr.iy!'' sions of the Act passed in the Session held in the fourteenth and fifteenth years of Her Majesty's Reign, chaptered one hundred and seventy-live. 7. This Act shall be deemed a Public Act. I'uhiic Act. 29-30 VICTORIA (CAN.) C. 17. An Act to amend the Act of the present Session intituled an Act to provide for the sale of the Rectory Lands in this . Province. Assented to i^tli August, 1866. Whereas it is expedient to amend the Act of the i,,,;,,,,!,!^ present Session hereinafter mentioned : Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — -I28-- s. 6ofr. i6 I. The sixth section of the Act passed in the pre- ' repeaei ^^^^ Scssion of the Parliament of this Province, intitnlcd An Act to provide for the sale of the Rectory Lands in this Province is hereby repealed, and the following Section shall be and is hereby substituted in lieu of the said section hereby repealed, and shall be taken and read as the sixth section of the said Act, New sec!i<.n " 6. Tliis Act siiall uot a[)ply to any lands granted substitiiic.i. ^y ^j^g Crown as sites for churches, parsonages, or burial-grounds, or now occupied as such." 39 VICTORIA (ONT.) C. 109. An Act to amend the: Synod and Rectory Sales Acts affecting; the Diocese of Ontario. Asscnli'il to loth February 1876. PioHiniiic. Whereas the Incorporated Synod of the Diocese of Ontario have petitioned that the said Act may be amended and extended, and it is expedient to grant the prayer of the said petition : Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Pro- vince of Ontario, enacts as follows : Additional I. The Incorporated Synod of the Diocese of powersto Synod Qntario shall have full power and authority to make, — I2g— •and from time to time to amend, such canons, rules, regulations and by laws as by the said Synod may be considered necessary in the exercise of the powers conferred upon the said Synod under the said Act incorporating the Synod of the Diocese of Ontario, and also for the conduct of their proceed- ings, regulation of their members and all such other matters as may pertain to the proper and orderly discharge of their business ; and the canons, rules, regulations and by-laws of the said Synod are hereby confirmed : And al>o, notwithstanding anything contained to the contrary in an Act of Parliament of the Province of Upper Canada, passed in the third year of the reign of Her Majesty (,)ueen Victoria, chaptered seventy-four and know as " The Church Temporalities Act," or of an Act of the Parliament of the Province of Canada passed in the session held in the twenty-ninth and thirtieth years of the reign of her said Majesty, chaptered fifteen, and known as " The Church Temporalities Amendment Act," the said Synod snail have full power and authority to make by-laws or canons regulating existing vestries and their organi;;ation, and the duties of the churchwardens, and providing for the formation and organization of a vestry in every church erected or to be erected in the said Diocese, and also declaring and defining the duties and powers of vestries and of the churchwardens; and vestries and the churchwardens for the time being of any church erected or to be erected shall, until changed or modified by the by-laws or canons of the Synod, be subject to the provisions of the said " The Church Temporalities Act," and they and their successors may, as a corporation, hold such real estate as may be given, granted or devised to them for the use of their church as a site for a church or parsonage or a schoolhousa, and may from time to time, with the approval of their vestry, signified by a resolution passed at a meeting of such vestry, and with the consent and approval of the executive committee of the said Incorporated Synod, mortgage such real estate for the purpose of raising money to be expended in the erection thereon of a church or parsonage, or a schoolhouse, as the case may be. —130— Investment ,.t 2. The Said incorporated Synod may invest all or tmuis. ^^^, ^j- ^|jg fynds entrusted to its care, includinj^ those derived from tlie sale of rectory lands, not- withstanding:^ the Act passed in the session held in the twenty-ninth and thirtieth years of the reign of Her present Majesty, chaptered sixteen, and intituled " An Act to provide for the sale of Kector\- Lands in this Province," in {government securities, munici- pal debentines, the stocks of any perm.'uient building,' society or in first mortf,'a{^es of real estate ; bui nothing in this Act contained shall be construed to give the said Incorporated Synod power or authority Uy apply the income derived from any such invest- ments otherwise than in strict accordance with the special trusts relating to such funds respectively. sat.-..i Reridiy 3. Upou the dcatli, retirement or removal of any '*'"'''■ incumbent of any rectory of the United Church ot England and Ireland, in the Diocese of Ontario, the Incorporated Synod of the said Diocese shall have full power and ? ithority to sell and absolutely dis- pose of any of the lands referred to in the said Rectory Act, passed in the session held in the twenty-ninth and thirtieth years of the reign of Her Majesty Queen Victoria, and chaptered sixteen, and belonging to any of the said Rectories, and any deed executed by such Incorporated Synod shall vest in the purchaser a full, clear and absolute title to the said lands, subject only to any leases thereof, or rights granted therein, by competent authority prior to such sale, and also to any mortgage that may be executed thereon to secure all or any of the purchase money thereof. RiKtitsof 4. No incumbent of any such Rectories in the rmM!"ml''' said Diocese, who may be inducted therein after the passing of this Act, shall receive, out of the proceeds of such sales, invested as in the said Rectory Act last mentioned, a sum larger than will, together with the rents, issues and prohts of the lands of the said Rectory of which he is incumbent, then remaining unsold, amount to the sums foiling, that is to say : as to the Rectory of Kingston, the sum of three — 131— • thousand dollars a year ; as to the Rectory of Belle- ville, the sum of two thousand dollars a year ; and as to the rectories in other townships, the sum of one thousand six hundred dollars ; and all and any excess of interest arising from the proceeds of such sales and of the rents, issues and profits of the lands of such rectory respectively remaining unsold, beyond such annual payments aforesaid, shall be apportioned to and divided among the incumbents of the other churches of the said Church, in the city, town or townships in which the lands belonging to such rectory are situate, or which to such rectory belongs respectively, in such proportions as such Incorporated Synod, shall, by resolution, by-law or canon, from time to time order and direct. 5. Section five of said Rectory Act last mentioned is liereby repealed, so far as relates to the said 29-:io v., c. ifi T-v- t r\ A. • O. S., reppale|;.''|;^' '""'' store, printing or publishing-ottice, or for any other mdltls. " religious or congregational purpose whatever, such -132- Powers ol trustees. society or congrefi;ation may appoint trustees, to whom, and their successors, to be appointed in such manner as may be specified in the deed of convey- ance, the land recjuisite for all or any of the purposes aforesaid may be conveyed ; and such trustees and their successors in perpetual succession, by the name expressed in the deed, may take, hold and possess the land, and maintain and defend actions for the protection thereof, and of their property therein. Number ol trustees may be varied. 2. Any congregation or society of Christians en- titled to the benefit of any lands held under the provisions of this Act, or otherwise, may from time to time, by a resolution passed by a two-thirds vote of the f)ersons entitled to vote in respect of the ap- pointment of trustees, increase or decrease the num- l)er of trustees by the deed or otherwise to be ap- poin«^ed for the purpose of holding such lands ; or niiiy in like manner fix the number of trustees in case the deed makes no provision as to their number. Notice ol meeiiiiK required. 3. No such resolution shall be passed unless the said meeting has been duly notified in the same manner as a meeting for the election of trustees for such lands is required to be notified, or unless notice has been given at the time of such notification that a proposal for increasing (or decreasing or deter- mining, as the case may be) the number of the trus- tees, will be considered at the meeting. Time wlien variaticjii to take eflecl. 4. In case the resolution passed provides for the appointment of more trustees than are authorized by the deed, or more than there are in fact if the number is not limited by the deed, the same shall take effect forthwith-; and the additional trustees to be appointed may be elected at the meetmg at wliich the resolution is passed or at a subsequent meeting : if the resolution provides for a smaller number of trustees than the deed provides for, then the resolu- tion shall not take effect until vacancies occur, by death or otheiwise, reducing the number of trustees —133— to the number provided for by the resolution ; and no other trustees shall be appointed under the au- thority of this Act until the number of trustees has been reduced as aforesaid below the number author- ized by the resolution. 5. A record of the proceedings of the meeting Record ot shall be made out in writing, and entered and tran- I'r"''^^*"'^'"^'' scribed in the minute book or other official register of the acts and proceedings of the congregation or society, and shall be signed by the chairman and secretary thereof, and snail thereafter be deposited of record among the archives of the congregation or society, and a copy of such record, certified to be a true copy by the chairman or secretary, on oath (or copy to i>e affirmation) before a Justice of the Peace, may be ■««"*"'"■''• recorded in the Registry Office of the Registry Division in which the property is situate. 6. A copy of such proceedings ♦^aken from the cenifi.d copy minute book or other official register of the congre- evidence, gation, and certified by the clerk or custodian of the records of the congregation, or a copy certified by the Registrar of the Registry Division wherein the same has been registered under the preceding sec- tion, shall be prima facie evidence of the contents thereof. 7. The provisions contained in the preceding five special a,is sections in this Act shall not be construed so as in "iTcycdCnl'lnl any way to repeal, alter, affect, or vary any of the ^'"^'ons. provisions in any special Act contained with refer- ence to any religious body or congregation of Christians in this Province. 8. — (i) Where a debt has heretofore been or is MortKage!, hereafter contracted for the building, repairing, ex- tiCncUlV' tending or improving of a church, meeting-house, chapel, book-store, printing-office or other building, on land held by trustees for the benefit of any reli- gious society in Ontario, or for the purchase of the land on which the same has been or is intended to —134- be erected, the trustees, or a majority of them, may from time to time secure the debt or any part thereof, by a mortgage upon the land, church, meet- ing-house, chapel, book-store, printing-office or other building ; or may borrow mone^y to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage upon such terms as may be agreed upon. (2) The authority conferred by this section to mortgage land as security for a debt contracted for the building, repairing, extending or improving of a church, meeting-house, chapel, book-store, printing- office or other building on land held for the benefit of the society, shall extend to any land so held, although the church or other building, in respect of which the debt is contracted, is not erected on the said land. Power to lease. 9. The grantecs in trust named in any Letters Patent from the Crown, or the survivors or survivor of them, or the trustees for the time being appointed in manner prescribed in the Letters Patent, whereby lands are granted for the use of a congregation or religious body, and any other trustees for the time being entitled by law to hold lands in trust tor the use of a congregation or religious body, may lease, for any term not exceeding twenty-one years, lands so held by them for the use of a congregation or religious body, at such rents and upon such terms as the trustees or a majority of them deem reasonable. Power to asire 10. Ill such Icasc the trustecs may covenant or 'leucwlnaVy agree for the renewal thereof at the expiration of memsbyTe'ssee. ^^y or evcry term of years, for a further term of twenty-one years or a less period, at such rent and on such terms as may then, by the trustees for the time being, be agreed upon with the lessee, his heirs, executors, administrators or assigns, or may consent or agree for the payment to the lessee, his executors, administrators or assigns, of the value of any buildings or other improvements which may at — 135— the 2xpiration of any term be on the demised jjio- mises ; and the mode of ascertaining the amount of such rents or the vahie of such improvements may also be specified in the original lease. 11. The trustees shall not so lease without the (•„„.;entof consent of the congregation or religious body for «<*'«*« ?"* whose use tfiey hold the land in trust, and such con- site b.foieieas- sent shall be signified by the votes of a majority of iIJ^w si«"iiiSd. the members present at a meeting of the congrega- tion or body, duly called for the purpose ; nor shall the trustees lease any land which, at the time of making the lease, is necessary for the purpose of erecting a church or place of worship or other building thereon, or for a burial ground for the con- gregation for whose use the land is held. 12. The trustees for the time being entitled by Remedies of law to hold land in trust for a congregation or reli- t"n^,'fnarrear gious body, may, in their own names, or by any name by which they hold the land, sue or distrain for rent in arrear, and may take all such means for the recovery thereof as landlords in other cases are entitled to take. 13. — (i) Where land held by trustees for the use saiesby of a congregation or religious body becomes unneces- 'rustecs. sary to be retained for such use, and it is deemed advantageous to sell the land, the trustees for the time being m..wrrM>« i.ii 2^ Any relifiious society or conp^rcfjation of as to iK.iiiii.K christians in Ontario may, by the name thereof, or lallils. in that of trustees, from time to time take or hold, by {,'ift, devise or bequest, any huids or tenements, or interests therein, if such gift, devise or bequest is made at least six months before the death of the person making the same, but the said religious society or congregation shall at no time take or hold by any gift, devise or bequest, so that the annual value of any lands or tenements or interests therein, so to be taken or held by gift, devise or be- (juest, at any one time exceeds in the whole the sum of !iii,ooo ; and no lands or tenements, or interests therein (other than land used for any purpose spe- cially mentioned in section one of this Act) acquired by gift, devise or bequest, shall be held by the said religious society or congregation for a longer period than seven years after the acquisition thereof; and within such period they shall respectively be abso- lutely disposed of by the said religious society or congregation, which shall have power in the name thereof, or in that of the trustees for said society or congregation, to grant and convey the said lands lo any purchaser, so that it no longer retains any inter- est therein ; and tiie proceeds on such disposition shall be invested in public securities, municipal de- bentures, or other approved securities, not including mortgages, for the use of the said society or congre- gation ;. and such lands, tenements, or interests therein, or such thereof as have not, within the said period, been so disposed of, shall revert to the per- son from whom the same were accjuired, his heirs, executors, administrators or assigns. p.ZrjoUu''" 24. Whenever any two or more different parcels 'ru^'ec| for two of land adjoining each other, or in the same neigh- Krouiids which bourhood, are held as sites for burial grounds by adjoin each different bodies of trustees, whether of the same de- —Mi- nomination, society, or congregation, or of different denominations, societies or congregations of Christ- ians, and such trustees think it desirable that for purposes of economic management, or any other reason, such parcels should be vested in one body of trustees, such two or more bodies of trustees, or the majority of each of sucii bodies, may, by deed under their hands, appoint trustees to whom and their successors, to be ai)pointed in such manner as may be specified in such deed, all or any of the lands vested in such appointing bodies of trustees as sites for burial grounds may be conveyed ; and such trus- tees so by such deed appointed, and their successors in perpetual succession by the name expressed in the deed, may take, hold and possess the lands thereby or thereafter conveyed to them as a site or sites for a burial ground, and maintain and defend actions for the protection thereof and of their pro- perty therein, and the said several appointing bodies of trustees may, in or by the same deed of appointment, or by any other deed or deeds, convey and assure all or any of the parcels of land so as aforesaid vested in them respectively to such trus- tees so appointed and their successors upon, with and subject to such trusts, powers, limitations and provisions not inconsistent with the purposes of a burial ground, as shall by the parties thereto be deemed proper. a",. — (i) No such deed of appointment of trustees, Assent of con- - , Lull K"^>i**f'n (ir and no such conveyance or assurance, shall be made religious body or executed by any body, or the majority of any "^^'i""^^'*- body, of trustees, unless or until the congregation or religious body for whose use the lands r.re held shall be duly notified thereof, and its assent obtained for the execution of such deed of appointment, or of such conveyance or assurance, and such assent shall be signified by the votes of a majority of the mem- bers present at a meeting of the congregation or body duly called for the purpose. (2) Such assent shall be held in favour of such new trustees and their successors to be testified by the execution of said deed by the chairman at such meeting, or by the official head of such reHgious body, or by some person appointed at such meeting for the purpose ; and the person assuming to execute said deed as chairman, otticial head, or appointee, shall be presumed to be such chairman, otticial head, or appointee, as the case may be. t'l'?hrchu';ch!ff 26.— (I) All the rights, powers, and privileges, EiiKiami. couferrcd upon any religious society or congregation of Christians by this Act, shall extend and apply to the Church of England in this Province, formerly or otherwise called the United Church of England and Ireland in Canada, or the United Church 01 England and Ireland in Upper Canada, or the Church of England in Upper Canada. Incumbent and (2) The Parsou or othcr Incumbent of the church churchwardens ,' , . ii/-n. i 1 1 r to be trustees for the time bemg and the "nurchwardens thereof, meaiiinVof Act. shall, for the purposc of this Act, be deemed and taken to be trustees within the meaning thereof. Bishop, etc., (3) In cases within section i6 of the Act passed to DC IrUStGCS ^ fc^ ' A under 3 V. c. 74, in the third year of Her Majesty's reign, chapter 74, ^' '^ and intituled An Act to make provision for the manage- ment of the Temporalities of the United Church of Eng- land and Ireland in this Province, etc., the Bishop, or Parson, Rector or Incumbent, or any successor or other person in whom the legul title or estate is vested, by, from, or under any of them, shall also be deemed and taken to be a trustee, by whom the like rights and powers of trustees, may be exercised equally as in the case of such trustees. ui'ti^rmshop*'' ^-t) ^" cases of property vested in the Bishop of intrust. auy Dioccse in trust, not covered by the preceding subsection, the Bishop shall also be deemed and taken to be a trustee by whom the like powers of trustees under this Act may be exorcised equally, as in the case of such trustees. —143- (5) In cases of prooerty vested in the Synod of any p.o,>eity vesied Diocese within the "Act passed in the 7th year of I" "j'" ^''""'^ "' Her Majesty's reif,'n, chapter 68, intituled An Act to incorporate the Church Societies 0/ the United Church of Enj^land and Ireland in the Dioceses of Quebec and Toronto, and the Act passed in the j2nd year of Her Majesty's reign, chapter 51, intituled An Act to incorporate the Synod of the Diocese of Toronto and to unite the Church Society of the Diocese of Toronto there- with, the Synod shall also be deemed and taken to be a trustee, by whom the like rights and powers of trustees under this Act may be exercised equally, as in the case of such trustees ; and the powers of the Synod under this subsection may be exercised by and through such boards and committees as the Synod may, from time to time, by by-law appoint for that purpose. (6) Provided always, that land shall not be sold, „ , , ; , , , , 1 1 1 1 How land mav mortgaged, leased, or otherwise encumbered, under be sold 01 en ' the powers conferred by this Act, except with the s"nt'req^uisite°" consent of the vestry of the church or congregation interested therein, and of the Bishop of the Diocese, and the Executive Committee of the Synod of the Diocese ; and it is hereby declared, that the consent or assent of the vestry, given in accordance with the rules and canons of the said Church, shall be deemed to be the consent or assent of the congregation within the meaning of this Act, and the execution oi the deed by the Bishop, and by the Secretary or Secretaries of the Synod, or a memorandum of con- sent endorsed thereon and signed by them, shall, in favour of the grantee and his assigns, be conclusive evidence of the consent or assent of the Bishop and Executive Committee. 27. All the rights and privileges conferreil upon Rights extended any religious society or congregation of Christians in cacho'iic c iiurch section 1 of this Act mentioned, shall extend, in every respect, to the Roman Catholic Church, to be exercised according to the government of the said Church. —144— 52 VICTORIA (ONT.) C. 54. An Act to make further provision respect- ini^^ the ijropcrty of Relit,nous Institu- tions. Assented to 2yd March, 1889. Her Majesty, by and with the a-ivice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : Description of j. Convcyances made to the trustees of any reli- tiiistees in con- . , ■' , • r r.i veyancts iiiuif r gious socicty or congref,'ation tor any of the purposes Rev. Stat. c. 23- autliori/ed by The Act rcspedin^ the property of Reli- f^ious Institutions, being chapter 237 of the Revised Statutes of Ontario, 1887, may be made to such trustees under a collective name, and it shall not be necessary to set out the individual names of the trustees in such deed as parties thereto or as grantees therein, provided such names be set out or appear by recital or otherwise in the said deed. This section shall apply to conveyances heretofore made as well as to those hereafter to be made to such trustees. Change of name 2. In casc the name by which any religious society Limis h.ivc iM-tn Of cougregatiou a-^ aforesaul, or trustees therefor, have heretofore held or shall hereafter hold lands under and pursuant to the powers of the said Act has been or shall be changed by such religious society or congregation by by-law or resolution, such change of name shall not prejudice or affect the title of the society or congregation or their trustees to the said lands. —145— J. In the case of separate but contiguous parcels Pmvci m i.iin in of laud iield under separate conveyances by trustees i.-'lJluhHcVmuii'i for the same relij^'ions society or coii;,'re{,'ation untler t^'aiir" ' "" the said Act, if such parcels of land be so used, occupied or built uj)on as to become indivisible except by the removal, alteration or destruction, in whole or in part, of such user, occupation or building, tiie trustees of such parcels may join in any mort- fjage authorized by section eight of the said Act. R. S. O. (1S87) C. 40. An Act respecting the Reti^istration of Births, Marriages, and Deaths. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows ; — I. The term " occupier," used in sections 8 and .,.erpietaiion. 14 of this Act, shall be construed to include the "* -i>'i'iei." Master, Governor, Keeper, Warden or Sui)erinten- dent of a gaol, prison, penitentiary, lunatic asylum, poor asylum, hospital or other public or private charitable institution. 2. For the purposes of this Act the Provincial piov. secretary Secretary shall be the Registrar-General of the Pro- cemiaK^"'"" vince. ]. For the purposes of this Act, every City, Town, n?^is|nnwn,i incorporated V'illage, Township or Union of Town- J^'^Vj;:',"'',^ ships, shall be a registration Division ; and the Clerks of such Municipalities shall be Division — 146 — Ref,'istrars ; but this section shall not apply to any Mnnicipahty within any of the Districts referred to in the next succeeding section. Appaintiiif^tii ul Ke^istrai s in AI|{onia and olliii tiisdict'. 4. The Lieutenant-Governor in Council may ap- point such Division Kej^istrars in the existing Dis- tricts of Algonia, Nipissing, Thunder Bay, Rainy River, Muskoka and Parry Sound, and also any Territorial Districts hereafter formed, and by Order in Council make such rules and regulations as may l)e necessary to secure a correct record of the births, marriages and deaths occurring therein, until muni- cipal organisations are formed. Fornix tor Ke gistrars. 5. The Registrar General shall procure the neces- sary forms for the Division Registrars, and the same shall be prepared according to Schedules A, B and C, appended.to this Act, with such additional columns as may from time to time be added thereto by the Lieutenant-Ciovernor in Council, in order to the procurement of correct statistical information ; and he shall distribute the same to the several Division Registrars, and the costs and expenses of such forms, and the expenses attendant upon the distribution thereof, shall be paid out of the Consolidated Revenue fund of the Province. Kedirns of entries. 6. Every Division Registrar shall receive the forms sent by the Regictrar-General, and keep the same in a place of safety ; make all entries therein as hereinafter required in this Act ; and shall on or before the 15th days of January and July in each and every year, make returns to the Registrar- General of the forms containing the original entries, certified uniier his hand, of the births, marriages and deaths of the previous six months. er Clergymen. .t,-, 7- Evcrv (clergyman, teacher, rninister or oth to ki.pa lutfis person authorized by law to bapti/e, marry or per- try lit hapiisms. J. .if i • • t"\ i • i II I nuirriHRes an.i fomi the fuucral scrvicc m Ontario, shall keep a deaths. registry shewin;^ the persons whom he has baptised or married, or who have died within his cure and belonging to his congregation. — 147- ft. The father of any child born in this Province, NoiIcp of birth or in case of his death or absence, the mother, '" ''*^'^'"'- or in case of the death or inability of both parents, any person stanilinp; in the place of the parents, or if there is no such person, then the occupier of the house or tenement in which to his kuowledfje the child was born, or the nurse present at the birth, shall, within tiu'rty days from the date of the birth, ^'ive notice thereof to 'he Registrar of" the Division in which the child was born, givinj,' as far as possible the particulars required in Schedule A, with such additional information as may be re(iuired by the Registrar-General from time to time, which particu- lars shall be entered by the Division Registrar In his book. g. In registering the birth of an illegitimate child, binh^'onueKi- it shall not be lawful for the name of any person to '•'".•teciiii.iien. be entered as the father unless at the iuint recjuest of the mother and of the person acknowledging him- self to be the father : and in all cases of the regis- tration of the birth of illegitimate children, the Divi- sion Registrar shall write the word " lllegiiimate'" in the column set apart for the name of the child, and immediately under the name, if any. lo Every registration of a birth shall be made T'™«f°'"=^««'^- within t'c time aforesaid ; but nothing herein con- tained shall prevent die subsequent registration of such birth within the period of two years. 11. After [the expiration of two years next after ^'^"slrid'on'of the birth of a child, the birth shall not be registered ';i;,\';i;;n';;n'*o except with the written authority of the Registrar- y-»^. General, and the fact of such authority having been given shall be entered in the column set apart for remarks in Schedule A. 12. When the birth of any child has been regis- ;)|'",r,'/i"I!,"',. tered, and the name, if any, by which it was regis- «i>tiati"n. iiow tered, has been altered, or if it was registered with- "'"'' out a name, when a name is given to it, the parent or guardian of the child or other person procuring --148— the name to be altered or given, may, within two years next after the registration of the birth, deUver to the Registrar-General a certificate signed by tlie minister or perso' vho performed the rite of baptism upon which the name was given or altered, or if the child is not baptised, signed by the fatlier, mother or guardian of the child, or other person [)rociiring the name of the child to be given or altered, and the Registrar-General shall upon the receipt of the certiHcate make the necessary alteration in the mar- gin of the schedule containing the original entry, without making any alteration in the entry. partioinrs a^. ^3- Kvery clergyman, minister or other person to 111.11 ri|JK.' tn authori;;ed by law to celebrate marriages, shall be recpiired to report every marriage he celebrates to the Regis^rar of the Division within which the mar- riage is celebrated, within ninety days from the date of the marriage, witii the particulars required by Schedule B, appended to this Act, and in order to better enable the clergyman, minister or other per- son to make the report as aforesaid, he shall be Kt-Kisiiario fumished by the Division Registrar of the Division furnish fo: Ills, in which he resides with blank forms containing the f)articulars required by Schedule B. Paiti-iii.iis as 14. The occupier of the house or tenement in io,i,atii.i be which a death takes place, or, if the occupier be the tiiniisheii 10 11111 r 1 K.^isiiai',. person who has died, then some one of the persons residing in the house in which the death took place, or if the death has not taken place within a house, then any person present at the death or having any knowledge of the circumstances attending the same, or the Coroner who attended any inquest heKl on such person, shall, before the interment of the body, supply to the Division Registrar of the Division in which the death took i:)lace, according to his ov her knowledge or belief, all the particulars required to be registered touching such death, by the form pro- vided by this Act. ceiiitiratpoi jc. Everv Division Registrar shall, immediately cieaih. upon registermg any death, or as soon thereafter as — MO— lie ip required so to do, without fee or reward, deliver to nny person requiriu},' the same for the purpose of burial, a certificate according to tlie form of Schedule D appended to to this Act, that the particulars of such death have been duly registered. i6. Every minister or other person who buries or Rotmntobe performs any funeral or religious service for the is','t'!^ !'{'c"""' burial of any dead body, unless he has received a f "^','';;,\'"^,iess certificate under the hand of the Registrar of the >"• ''/»,•' "^f^^p'^J Division in which the death took place, according to Kt'^'ist'iar of the Schedule D to this Act annexed, that the parti- '*'""'" culars of the death have been duly registered, shall make a return of the death according to Schedule C to this Act annexed, to the Registrar of the Division in which the death took place, within seven days after the burial, unless within the time aforesaid the minister or other person gives to the Registrar a written notice under his hand stating, according to his knowledge, information and belief, the name and residence of the deceased, and the date and place at which the burial took place, or at which the service was performed, either without or with any of the other particulars mentioned in the said Schedule C. 17. Everv dulv qualified medical practitioner, who ,, ,. , ' , . ' -, ' , . , 1 -ii r Medical piac was last in attendance durmg trie last illness oi any litioneisto person, shall, within ten days after having notice or u.Iri L''i'<> "^'^ knowledge of the death of such person, transmit to '''■*'''• the Division Registrar of the Division in which the death took place, a certificate under his signature of the cause of death, according to the form of Sche- dule E appended to this Act, to be provided by the said Division Registrar, who shall be furnished with such forms ; and it shall be the duty of every such medical practitioner to apply to the said Division Registrar for blank forms for that purpose, and upon the receipt of the certificate from the medical prac- titioner, by the Division Registrar, he shall make the entry as to the cause of death of such person accord- ing to the fact stated in the certificate. — 150- I'M.visioii f..i i8. After the expiration of two years next after !StV.'tu''r''.v ciny death, or after the finding,' of any dead body pi,,u.o„ of two elsewhere than in a house, that death shall not be registered except with the written authority of the Registrar-General, and the fact of such authority being given shall be entered in the column set apart for remarks in Schedule C. siipeiintemieni, iq. Evcry Superintendent or caretaker of any etc., ofci tnetciy ■' , • , ,11 if • t u- r.oiity RoKis- ccmeteuy or buna! ground, whether public or private, casts.'"""'" permitting any dead body to be interred in the grounds over whicli he has charge, unless he receives a certificate under the hand of the Division Regis- trar of the Division in which tlie death took place, that tlie particulars of the death have been duly re- gistered, shall give to the Division Registrar within seven days after the burial a written notice under his hand, stating according to his knowledge, infor- mation and belief, the name and residence of the deceased and the date and place at which the death and burial took place. coi?cii„noi 20. If within one year after the entry of any birth, uXki^i^T'' marriage or death, it is discovered that any error G.ne[.ii. j^.,g i)een made in the entry, then upon the same being reported to the proper Division Registrar within the time aforesaid, it shall be his duty to in- (juire into the same, and if satisfied that an error has been committed in any such entry, it shall be lawful for him to correct the erroneous entry, according to the truth of the case, by entry in the margin, without any alteration in the original entry ; and having made the correction, he shall, if the original entry of the birth, marriage or death so corrected has been returned as hereinbefore provided, report the same, according to the facts of the case, to the Registrar- General, whose duty it shall be to correct the erro- neous entry in the margin of the book or form con- taining the original entry. Kp'^t'lra?'foi ^^' If^'iy Division Registrar refuses or neglects iifKi.ci..i(imy, to perforin the duties required of him by this Act — 151— as Division Kej^istrar, he shall, for every offence, upon conviction thereof before any Justice of the Peace, forfeit the sum of $50 to Her Majesty, and it shall be the duty of the County Crown Attorney in each county to prosecute such officials for any re- fusal or nef,'lect to perform the duties recjuired by this Act, when noiihed by the Registrar-General, Inspector or other parties. 22. The Ke^'istrar-General shall cause tlie orij^inal G^n.i^'afJo k...i> returns of the births, marriatres and deaths in each •""'»' ""«*^' ,-. . . , • 1 11 1 • 1 • ttc, returns. Division, together with all the particulars communi- cated to him by the Division Registrars, to be ar- ranged, indexed, bound and kept in the office of the Registrar-General. 2^. All persons shall be entitled, at all reasonable starch of, and tXtfiiCtS ilOlI) hours, to search these records, and to require and reoonis-evi- receive extracts duly certified by the Registrar-Gen- "'"'^'''*'"''^- eral or Inspector ; which extracts shall be evidence of the entry certified, and prima facie evidence in any Court in this Province, of the facts therein stated ; and for every such certificate the person so requir- ing the same shall pay a fee of fifty cents. 24. The Registrar-General shall, on or before the G^Mier'tfto pub- first day of July in each year, collate, publish and •'='> "P'^''^- distribute, for the use of the Legislature, a full re- port of the births, marriages, and deaths of the pre- ceding year, giving such details, statistics and infor- mation as the Lieutenant-Governor in Council may think necessary. 2K. The Lieutenant-Governor in Council may, p^vertomake ^ , . , 1 r 1 1 1 rules tor obuii.- from time to time, make such lurther rules, orders in«intorniation. and regulations as may be required, for the purpose of effectually obtaining the information required by this Act. 26. The Lieutenant-Governor in Council may ap- J"R,'sna°ion' point an Inspector, whose duty it shall be to inspect "'''"^' — 152 — the different Registration Offices throughout the Province, and carefully exaininf the different Sche- dules, to sec that the entries and registrations are made therein in a proper manner and in legible handwriting. I'tMiaiiyim false ^- ^py oerson who knowinglv or wilfnllv makes or causes to be made a false statement touchmg any of the particulars required to be reported and enter- ed under this Act, shall, upon conviction thereof i" before any Justice of the Peace, forfeit the sum of $40. F'enaUvior ~^- If any person required by this Act to report m>.iictioiepoit i,i,-ths, marriages, deaths or burials, refuses or wil- fully neglects to do so within the time nanied, such person shall, for each and every offence, forfeit and pay a sum not less than $1, nor more than $20 and costs, in the discretion of the presiding Justice be- fore whom the case is heard ; and it shall be the duty of the Division Registrar to prosecute all such persons so neglecting or refusing to make the re- quired reports ; but if the return recjuired by this Act to be made by more than one person is made by any one of such persons, the other of such perj- :)ns shall not be liable to any penalty in respect of his default ; and such prosecution shall be commenced within two years after the time allowed for report- ing the birth, m; triage, death or burial. I'uu-.aiiieoii 29. Any Justice of the Peace having jurisdiction compaintb,. ^yithin the locality where any offence against this Act has been committed may hear and determine the complaint, and shall have power, in case the penalty and costs awarded by him are not' forthwith paid upon conviction, to levy the same by distref.s and sale of the goods and chattels of the offender, by warrant under his hand and seal ; and, except as provided m section 21, the penalty when recovered shall be paid over by the Justice, one-half to the person complaining and one-half to the local municipality within which the offence is com- mitted ; and, in default of payment or sufficient dis- tress, the offender may, by vyarrant signed and seal? -153— ed as aforesaid, be imprisoned in the Common (laoi for a period not less tlian one day nor more than twcMity days, at the discretion of the. Justice, unless the penalty, costs aud charges of commitment are sooner paid. 30. P.very Municipality thronj^liout the Province i.c-s to of Outario shall pay annually to the Division Kej^'is- '<"«"•'""• trar appointed under this Act, a fee of ten cents for each birth, marriaj^e and deatli re{,'istered by him under the provisions of this Act, upon receivinjj from the Inspector a certificate of the number of registrations made by such Registrar. Note, Copies of tlie forms set fort)i in the Schedules to this Act may be obtained by any person interested from the proper Division Registrar. R. S. O. (1887) C, 131. An Act respecting" the .Solemn ization of Marriag^es. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of On- tario, enacts as follows : — I. The ministers and clergymen of every church Minister ot any d,. . , • .• 11 J • "i denomination religious denomination duly ordained or ap- maysoirmni/e pointed according to the rites and ceremonies of "''*"'■'^''• the churches or denominations to which they respec- tively belong, and resident in Ontario, may, by virtue of such ordination or appointment, and ac- cording to the rites and usages of such churches or denominations respectively, solemniije the ceremony of marriage between any two persons not under a legal disqualification to contract such marriage. —154— ^. . ?: No minister or clertryriiaii shall celebrfile the soi.iniii/iiiiar ctreriioiiy of iiuuria^c between any two persons, lu'ihi.i'i/i'.T'i.y nnless duly authori;!eii so to iJo by license under the (Ir!.ilMM"!,hr'," l>iintl :ind seal of the Lieutenant-Governor, or his jMihiiraiioiwii Dupiity duly authori/e(l in that behalf, or by a cer- tihcate under this Act, or unless the intention of the two persons to intermarry has been proclaimed onct.', openly, and in an audible voice, either in the church, chapel or ineetin;;-house in which one of the |)arties has been in the habit of attendin;^ worship, or in some church, chapel, rneetiuf^-house, or place of public worship of the con{^re{,'ation or religious community with wiiich the minister or clergyman who performs the ceremony is connected, in the local municipality, parish, circuit or pastoral charge, where one of the parties has, for the space of fifteen days immediately preceding, had his or her usual place of abode ; such proclamation to be on a Sunday, immediately before the service begins, or immediately after it ends, or at some intermediate part of the service. ctititiciiein i' A certificate in the form given in Schedule A sna.ini luriiM. qf Schcdulc K to tliis Act (according to the circum- stances of the case) may at tiie option of the ap- plicant, be substituted for a marriage license ; and such certificate shall have the same legal effect as a license. re\7iho'ai.-s't'o lit 4- Sucli liccuses or certificates shall be issued issueiib) pi,.v. fioiii the office of the Provincial Secretary, and shall be furnished to persons requirmg the same by such persons as the Lieutenant-Governor in Council may name for that purpose. i.ic(;iisrs si«n.,i 5- Lvcry license executed under the hand and s.wis'I'aii 'i ' ' ' ^^'^^ "f ^''^ I-ieutenant-Governor, or his Deputy duly Tvitwiti^t.iiuiinn authori2ed in that behalf, and every certificate vacated,"' signed by the Provincial Secretary, or Assistant Provincial Secretary, for the purpose of solemnizing a marriage, shall be and remain valid, notwithstand- ing that the Lieutenant-Governor or Deputy, or —155- Provincial Secretary, or Assistant Provincial Secre- tary lias ceased to hold otHce before the time of the issue of the license or certihcute. 6. If any person issues any license or certificate '"■""''"'''■'■'' tor the solcinni/.ation or inarriafje witiiout l)L-in^' ii"ns.,io tx- authorized by the Lieutenant-Governor in Council '"'Y""""'" in that l>ehalf, unless under the authority in the next section contained, he shall forfeit to Her Majesty the sum of $100 for every license or certificate so issued. 7. — (i) Any Issuer ot niarriaj^e licenses or certih- i>ii>iity ismicis cates may, with the approval, in writing', of the "plfoimea. Mayor or Reeve of the City, I'own, Township or in- corporated Villafje wherein he resides, from time to time, when prevented from acting by illness or unavoidable accident, or where his temporary absence is contemplated, appoint, by writing under his hand, a Deputy to act for him. (2) The said Deputy shall, while so acting at the i'"vvc.s. residence or office or place of business of the said Issuer for whom the Deputy acts, possess the powers and privileges (as to administering necessary oaths and otherwise) of the Issuer appointing him. (;5) The Issuer shall, upon appointing a Deputy, Appoii,t;n.Mi oi fortliwith transmit to the Provincial Secretary a 'I'l'titieii'to'" notice of the appointment, and of the cause thereof, '''"^ s.c. and of the name and official position of the person by whom the appointment has been approved, and the Lieutenant-Governor may at any time annul the appointment. (4) In case it is necessary on account of illness, wik unavoidable accident, or contemplated temporary ^'■'' absence of any Issuer of marriage licenses, to ap- point a Deputy, and there is no Mayor or Reeve to give the consent required by the provisions of sub- section I of this section, such Issuer of marriage re no or, etc, -156- licenses may, in the manner in other respects re- vjuired by said -ub-section, but without such t onsent, appoint such Deputy ; and the licenses or certifi- cates issued by such Deputy shall be deemed to authorize the soieintri/ation (jf marriages at the same places as licenses or certificates issued by the prin- cipal for whom such Deputy acts ; and no irregu- ^ larity in tlie appointment of a Deputy Issuer shall affect the validity of a license or certificate by him issued. Mow 1)1 pmies ^- I- very Deputy so appointed shall sign each tosimi iicwis(s. license and certificate issued by him, with the name of his principal as well as his own name, in the fol- lowing manner — " A. B., Issuer of Marriage Licenses, per C. /)., Deputy Issuer," or to the like effect ; but no irregularity in the issue of a license or certificate issued by an Issuer or Deputy Issuer to any person or persons obtaming the same, or acting thereon in good faith, shall invalidate a marriage solemnized in pursuance thereof. inissiied g. Every issuer of licenses or certificates afore- lir cnsfs to he / ■' . ■ i i • iituine.1 wiuii said, or any Other person having unissued lice ses rf'!'""-". or certificates in his oossession, power, custody or control, shall whenever required so to do, transmit to the Provincial Secretary every such license or certificate ; and the property in all unissued licenses and certificates shall be and remain i;i Her Majesty. Exposes of 10. All expenses incident to providing licenses ficensl'"*' '^"^i certificates, shall be paid by the Issuer of the licenses and certificates. Atfiiiavit ,1 ^^- — ^^^ Before any license or certificate is grant- mrty hetou: ed bv ally Issucr or Deputy Issuer, one of the parties crrV/ficaip is to tlic intended marriage shall personallv make an ^ra„te,i. affidavit which shall state (a) In wliat County or District it is intended that the marriage shall be solemnized, and in what Town, Village or place in the County or District, and (b) That he or slic Leheves that there is no alHnit}', consanguinity, precontract, or other lawful cause, or legal itnpedinient, to bar or hinder the soletnni/atiun of the oiarriage ; (c) That one of the parties has for the space of fifteen days immediately preceding the issue of the license or certificate had his or her usual place of abode within the County or judicial district in which (for either municipal or judicial purposes) the local Municipality in which the marriage is to be solem- nized lies ; Or (if the County or District in which it js in- tended that the marriage shall be solemnized is not that in which either of the parties has, for the space of fifteen days immediately preceding the issue of the license or certificate, had his or her usual place of abode), that the reas'' "(ur,i. the particulars, fjiven in Schedule H to The Act re- Kev. stat. r. 40, spectin^ the Rc<^'islration of liirths, Marriaf^es and Deaths. iH. The Clerk - C.KUTIKICATK lOK A MARKl BANNS WHKRIi NKITHKK OF THI RESIDICI) FOR FIFTEKN DAYS NF IN THF COUNTY. These are to certify that A.B. of and C. D. of being said, to enter into the contract of being desirous of having the same di the said A. B. (or C. D.) has made oath beheves that there isnoatiinity.consan tract, or any other lawful cause or lej. bar or hinder the solemnization of th( and liaving also otherwise made oath law. These arc therefore to cerlii quirements of The Act respecting the Marriages have been complied with. Given under my hand and seal at. ceding form). a. Issuer for Dtpiity lssut;(l, ftc. K. I.., Froviiuial Sicrctary. -163— SCHEDULE C (Section n.) FORM OF AFFIDAVIT. I, A. B. (or C. D. of ^ Bachelor („r widower), or ( Spinster (ur widow), make oath did say as follows : I. I, and C. 1). of \ fP'"J"f <"'' '"'"^T"^- "' i Bachelor (or widower), are desirous of enterinjj into the contract of nuirriaj^'e, and of having our marria{,'e duly solemnized at the Town (or Village, etc.,) of in the County (or District) of 2. According to the best of my knowledge and belief", there is no affinity, consangumity, precontract, or any other lawful cause or legal impediment to bar or hinder the solemnization of 'he said marriage. [3. I, or the said C. D. {or 'joih, as the case may be) have {or has) had since the day of my (or his, or her, or our) usual place of abode within the municipality of in the said County {or District). {Or if neither of the parties has, for the space of fifteen days immediately preceding the issue of the certificate or license, had his or her usual place of abode in the County or District in ivhich it is intended that the inarria^^e shall be solemnized ; The reason of procuring the marriage to be solemnized in is not in order to evade due publicity, or for any other improper purpose.)] 4. I am of the age of years, and the said C. D. is over the age of twenty-one years. 5. {In case of one or both of the parties being under (widower I , or the ( widow the age of iioenty one years) I am a •J /- TA / \ « \ • ^ widow r said C. D. (or A. B.) is a - • , ' I widower) [Or E. F. of is the person whose con- sent to said marriage is rerjuired by law, and the said E. F. consents to the said marriage,] — 164 — [Or The father of the said {party under a^e) is dead, no {guardian of the person of the said (party under af^e) has been appointed, and the mother of the said {party under ace) is dead [or married,) and there is no person having authority to give consent to said marriage {as the case may be.)\ (Signed) A. li, or C. D. Sworn before me, etc. a II , (Issiii'r 0/ I-icnisfs, or Deputy Issiur of Licenn-s.) 51 VICTORIA (ONT.) C. 20. An Act to Amend the Act respecting: the Solemnization of Marriag'es. Assented to 2yd March, 1888. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows :— ^^%mendcd!' ^- ^^"^ Act respecting the Solemnization of Marriages is amended by substituting the word " Canada " for the word " Ontario " in section i of the said Act. Ceitaiii mar I ia>;es confirm- 2. Any marriages which, before the passing of this *<^- Act, have been solemnized in this Province by clergymen or ministers duly ordained or appointed as such according to the rites and ceremonies of the chuiches to which they belong, between persons not under any legal disqualification for entering into the contract of matrimony, are hereby declared to have been ;inrl to be lawful and valid inairiafj^es, so ^ar as respects the civil rights in this Province of the parties or their issue and so far as respects all matters within the jurisdiction of the Ontario Legis- lature, notwithstanding that the clergyman or min- ister was not at tht time a resident of this Province; Provided that the parties thereafter lived together ''""'^0. and cohabited as man and wife, and that the validity of the marriage has not hitherto been questioned in any suit or action, and Provided further that nothing in this Act shall I'oviso make valid any such marriage in case either of the parties thereto has since contracted matrimony ac- cording to law ; and in such a case the validity of the marriage by a non-resident clergyman or minister shall be determined as if this Act had not been passed. 28 VICTORIA (CAN.) C. 7. An Act to establish the validity of acts performed in Canada by certain Cleri^y- men ordained in P^oreiy^n Parts, and for other purposes. Assented to iSth March, 1S65. Whereas, by the Third Section of an Act of the PnMmbie. Imperial Parliament, passed in the twenty-sixth year ot the Reign of His late Majesty King George the Third, intituled : " An Act to empower the Archbishop of Canterbury or the Archbishop of York, for the time being, to consecrate to the office —166- of Bishop persons being subjects or citizens of coun- tries out of His Majesty's dominions," it was, in effect, enacted that no person or persons admitted to the order of Deacon or Priest, by any Bishop or Bishops so consecrated, or by the successor or successors of any Bishop or Bishops so consecrated, should be thereby enabled to exercise his or their respective office or offices within His Majesty's dominions; and whereas, from its having been apprehended that divers per- sons so admitted to such order of Deacon or Priest, had exercised their respective offices within divers British Colonies, and that the validity of their acts so performed, and even the power of Colonial Legis- latures to give validity thereto, were doubtful, it was afterwards, in effect, enacted by another Act of the Imperial Parliament, passed in the Session held in the twenty-sixth and twenty-seventh years of Her Majesty's Reign, intituled: "An Act to establish the validity of acts performed in Her Majesty's pos- sessions abroad, by certain clergymen ordained in P'oreign Parts, and to extend the powers of Colonial Legislatures with respect to such Clergymen," that the Legislature of any such Colony might authorize any such persons to exercise their respective offices therein, anything in the aforesaid Act to the contrary notwithstanding ; and that all acts theretofore per- formed in any British Colony by any person having been admitted to the office of Priest or Deacon by any of such Bishops as aforesaid, or of their succes- sors, should be as valid and effectual at law, for all purposes whatever, as if such person had been so admitted by a Bishop or Bishops of the United Church of England and Ireland : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Acts oi persons !• ■^"Y persous admitted to the order of Priest or ordained by Deacon by any of such Bishops as are mentioned in Foreign Paris the Said first recited Act, and having obtained the obtahied li'cen- liccnse to that end of the Bishop of any Diocese Bishops in the within this Province, of the United Church of Eng- Province, to be land and Ireland, may exercise their respective ofHces — 167 — as such within this Province ; and their acts so per- formed shah be as vahd and eft'ectiial at law for all purposes whatever, as if such persons had been so admitted by a Bishop or Hisiiops of the United Church of lCngh\nd and Ireland. 2. All acts heretofore ])erformed within this Pro- Acts hi-ifiiiioie vince by any person haviiij^' been admitted to the iiH''m','i','.ci!.J'/^Qi^ are repealed, but not so as to render invalid anything lawfully done in conformity with any of them. - , . , , III. Except as hereinafter mentioned no person Colonial and r , ,, , , . , t-. . t>. certain other who has been or shall be ordained Priest or Deacon, officmt" wi'thout as the case may be, by any Bishop other than ii {i?e"S"shCp: Bishop of a Diocese in one of the Churches afore said, shall, unless he sliall hold or have previously held preferment of a curacy in tCngland, officiate as such Priest or Deacon in any Church or Chapel in Eng- land, without written permission from the Arch- bishop of the Province in which he proposes to officiate, and without also making and subscribing so much of the Declaration contained in " The Clerical Subscription Act, 1S65," as follows, that is to say : " I assent to the thirty-nine Articles of Re- " ligion and to the Book of Common Prayer, and of " the ordering of Bishops, Priests, and Deacons. I " believe the doctrine of the Church of b^ngland as " therein set forth to be agreeable to the Word of " God ; and in Public Prayer and Administration of "the Sacraments, I, whilst ministering in England, ' will use the form in the said Book prescribed and " none other, except so far as shall be ordered by " lawful authority." -i6g— I\'. Except as hereinbefore mentioned, no person Nor to hoi.i pn teiiiK'iil nor to act ;is (iiiales vvlio has been or shall be ordained Priest or Deacon, as the case may be, by any Bishop other than a ^f 'i',i°'|'o'i'"'**''"' Hishop of a Diocese in one of the Churches afore- said, shall be entitled as such Priest or Deacon to be admitted or instituted to any benefice or other ecclesiastical preferment in Englantl, or to act as curate therein, without the previous consent in writing of the Bishop of the Diocese in which such preferment or curacy may be situate. V. Any person holding ecclesiastical preferment, Astoiicense. or acting as curate in any Diocese in England, under tiie provisions of this Act, may, with the written consent of the Bishop of such Diocese, request the Archbishop of the Province to give him a license in writing under his hand and seal in the following form, that is to say : "To the Rev. A. B. " We, C, by Divine Providence, Archbishop of D., do hereby give you the said A. B. authority to exercise your office of Priest (or Deacon), according to the provisions of an Act of the thirty-seventh and thirty-eighth years of Her present Majesty, intituled, 'An Act respecting Colonial and certain other Clergy."' " Given under our hand and seal on the day of C. (L. S.), D. And if the Archbishop shall think fit to issue such license, the same shall be registered in the Registry of the Province, and the person receiving the license shall thenceforth possess all such rights and advan- tages, and be subject to all such duties and liabilities, as he would have possessed and been subject to, if he had been ordained by the Bishop of a Diocese in England ; Provided that no such license shall be issued to any person, who has not held ecclesiastical preferment, or acted as curate for a period or periods exceeding in the aggregate two years. — 170— Appointmenis, VI. All appointments, admissions, institutions, aci'vom'""*"" or inductions to ecclesiastical preferment in Kn^'- land, and all appointments to act as curate therein, which shall hereaft.n- he made, contrary to the pro- visions of this Act, shall be null and void. i't>;h,.ity (or VII. If any person shall ofliciate as Priest or oHu:iaiiiiK.oii Deacou in any Church or Chapel in England con- trary tu Art. J . . r 1 • . T r.- 1 trary to the provisions ot this Act, or it any Bishop, not being Bishop of a Diocese in England, shall perform episcopal functions in any such Church or Chapel, without the consent in writing of the Bishop of the Diocese, in which such Church or Chapel is situate, he shall, for every sucli offence, forfeit and pay the sum of ten pounds, to the Governors of Queen Anne's Bounty, to be recovered by action brought within six months after the commission of such offence by the Treasurer of the said Bounty in one of Her Majesty's Superior Courts of Common Law, p.nd the incumbent or curate of any Church or Chapel, who shall knowingly allow such offence to be committed therein, shall be subject to a like penalty, to be recovered in the same manner. Persons ordain- VIII. Any person ordained a Priest or Deacon, in v!,c?5"xeu'ipt. pursuance of such request and commission as are mentioned in an Act of the fifteenth and sixteenth years of Her present Majesty, chapter tifty-two, shall, for the purposes of this Act, be deemed to have been so ordained by the Bishop of a Diocese in England, and it shall not be necessary that the Bishop, to whom such commission shall have been given, should have exercised his otHce within Her Majesty's dominions, or by virtue of Her Majesty's Royal Letters Patent ; Provided that such Bishop be a Bishop in communion with the Church of Ping- land, and such commission shall not become void by the death of the grantor until after seven days , Provided always that any such act of ordination by any such Bishop, as aforeaid, shall be subject to the . same laws and provisions as to the titles, and as to the oaths and subscriptions of the persons to be ordained, and as to the registration of such Act, as ~i7i— if it had been performed by the Bishop of the Diocese, and that the letters of orders of any persons so ordained by any such Bishop shall be issued in the name of, and be subscribed with the signature of such Bishop as Commissary of the Bishop of the Dioce.ce, and shall be sealed with the seal of the Bishop of such Diocese. IX. Any person ordained a Deacon or Priest, J'""'f""'''"^* under the provisions or an Act oi the second session 5'>fi 3. c. 6o, of the twenty-fourth year of King George the Third, acV.^" ''"^"° chapter thirty-five, or under the first section of an Act of the fifty-ninth year of King George the Third, chapter sixty, shall be subject to the provisions con- tained in this Act. X. No admission, institution, induction or ap- contrariety to pointment to any benefice or other ecclesiastical mems"not"fo'in- preferment within Her Majesty's dominions, nor any s^on*i^o ecdis- appointment to act as curate therein, nor any min- lasticai prefer- isterial act performed by any person as Priest qj. """' ^' ^ '^' . Deacon of any of the Churches aforesaid, shall be or be deemed to have been invalid at law cy reason of its contrariety to any of the enactmenlR set forth in Schedule B to this Act annexed, unless its validity shall be inconsistent with the validity of some Act, matter or thing lawfully done before the passing of this Act. XI. Nothing in this Act contained shall alter or savinK of 27-28 affect any of the provisions of an Act of the twenty- seventh and twenty-eighth years of Her present Majesty, chapter ninety-four, intituled " An Act to remove disabilities affecting the Bishops and Clergy of the Protestant Episcopal Church in Scotland." XII. It shall be lawful for the Archbishop of ^,'f ''jjf "{J^^ Canterbury or the Archbishop of York, for the time wi'tli o'aVof " being, in consecrating any person to the office of ""' " '^"''""* Bishop, for the purpose of exercising episcopal functions elsewhere than in England, to dispense, if he think fit, with the oath of due obedience to the Archbishop. Indian bishops Interpretation of trims. 172— XIII. Notliinf^ contained in an Act of the fifty- third year of Kinj^f ueorge tlie Third, chapter one hundred and fifty-fiv.e, or in an Act of the third and fourth years of King Wilhani the Fourth, chapter eighty-five, or in any letters-patent issued as men- tioned in the said Acts or either of them, shall pre- vent any person, who shall be or shall have been Bishop of any Diocese in India, from performing episcopal functions not extending to the exercise of jurisdiction in any Docese or reputed Uiocese at the request of the Bishop thereof. XIV. In this Act, the v/ord " bishop " shall, when not inconsistent with the context, include Arch- bishop ; the words " bishop " and " archbishop," in the matter of " permission " and " consent," and of " consent and license," shall include the lawful com- missary of a Bishop or an Archbishop ; the word " England " shall include the Isle of Man and the Channel Islands ; and the term " church or chapel " shall mean Church or Chapel subject to the eccles- iastical law of the Church of England. SCHEDULE A. Date of Act. Nature of Act. Extent of repeal 24 G. 3, Sess. 2, c. 35. a6 0. 3, c. «4. 59 G. 3, c. 60. 3-4 v., c. 33. 5 v., c. 6. Empowering Bishop of London, etc., to admit aliens to orders. Empowering Archbishops of Canter bury and York to consecrate aliens as ibishops. Permitting Archbishops of Canterbury and York, etc., to ordain specially for the colonies. Making provisions and regulations in respect to bishops and clergy other than those of the United Church of England and Ireland. Amending Act empowering Arch- bishops of Canterbury and York to con- secrate ahens as bishops. Sec. 2. So far as the same is in force in any pnrt o\ Her Majesty's dominions out of the United Kingdom. Sees. 2, 3, 4 and 5 The whole. Sec. 4. —173— SCHEDULE B. Enactments heferked to in Clause lo ok this Act. Dale of Act. Nature of Act. Stctton. 24 G. 3. sess. jj Empowering His'^op of London, etc., S'=''2. to admit aliens to orders. I Empowering Archbishops of Caiiter-Sec. , jbury and York to consecrate aliens as bishops. I Permitting Archbishops of Canterbury and York, etc., to ordain specially for the colonies. c. 35 «6 G. 3, c. N4 59 G. '. c. 60. 3-4 V. c. 33. ; v., c. 6. Making provisions and regulations in respect to bishops and clergy other than those of the United Church of England and Ireland. Amending Act empoweiing Arch- bishops of Canterbury and York to con- secrate a liens as bish ops. Sers. 2,3,4 311(1} Sees. 6 and 7. Sec, 4. —174— THE FOLLOWING STATUTES ALSO AFFECT ECCLE SIASTICAL RIGHTS AND CHURCH PROPERTIES IN THIS PROVINCE. The Imperial Act }i Gcore;e III, chap. 31, known as the Constitutional Act — Sections j6, 38, 39, and 40. The Imperial Act, 30 and 31 Victoria, chap. 3, known as " The British North America Act, 1867, sec. 92," conferring upon tlie Provincial Legislature the exclusive power of making laws as to "The Solemnization of Marriage in the Province," and as to " Property and Civil Rights in the Province." The Act introducing the English Law as the rule of decision in all matters of controversy relating to Property and Civil Rights — 32 George III, chap, i, sec. 6 (U. C.) The Act Incorporating the Church Society of the Diocese of Huron — 22 Victoria, chap. 65 (Can.) The Act to confirm and legalize a certain agree- ment entered into between the Church Societies of the Dioceses of Toronto and Huron — 24 Victoria, chap. 125 (Can.) The Act tj amend the Act Incorporating the Church Society of the Diocese of Toronto — 28 Vic- toria, c. 54 (Can.) The Act to extend the operation of the Synod Acts to the Province ot Nova Scotia — ^^ Victoria, chap. 57 (Dom. of Can.) The Act to extend the operation of the Synod Acts to the Province of New Brunswick — 34 Vic- toria, chap. §8 (Dom. of Can.) The Railway Act of Canada — 51 Victoria, chap. 29, Sections 138, 142 and 143 (Dom. of Can.) -175— Chapter 30 of the Revised Statutes of Ontario (1887) respecting the Clergy Reserves. Chapter 170 of the Revised Statutes of Ontario respecting Railways, Sections 13, 14 and 17. The Act Incorporating the Synod of the Diocese of Toronto, and to unite the Church Society there- with — j2 Victoria, chap, 51 (Ont.) The Act to confer on the Bishop and Incumbent of the Diocf.se of Toronto similar powers to t'\oi,e held by the Bishop and Incumbent, of the Diocese of Ontario — 34 Victoria, chap. 79 (Ont.) The Act to incorporate the Synod of the Diocese of Huron, and to unite the Church Society of the Diocese of Huron therewith — 38 Victoria, chap.' 74 (Ont.) The Act to incorporate the Synod of the Diocese of Niagara — 39 Victoria, chap. 107 (Ont.) The Act to amend the Synod and Rectory Sales Acts affecting the Diocese of Toronto — 41 Victoria, chap. 69 (Ont.) The Act respecting the Synod of the Diocesa of Huron — 47 Victoria, chap. 86 (Ont.) The Act respecting Churchwardens in the Diocese of Toronto — 47 Victoria, chap. 8g (Ont.) The Act to amend the Synod and Rectory Sales Acts affecting the Diocese of Toronto — 47 Victoria, chap, go (Ont.) The Act to incorporate the Bishop of the Diocese of Algoma — 48 Victoria, chap. 88 (Ont.) The Act to simplify the sales of Property held in trust for the Church of England in the Diocese of Toronto — 52 Victoria, chap. 97 (Ont.) — lyd- roRMS 01- CONVHVANCli. To THK JUSIIOI- \V1 I'M MAR OK DlJWEK. This Indenture, made in duplicate the day of in the year of Our Lord one thousand eight hundred and in pursuance of the Act respecting Short Forms of Conveyances, Betwee N of the of in the County of in the Province of Ontario, of the first part his wife, of the second part ; and the Right Reverend Lord Bishop of Ontario, in the said Province of Ontario, of the third part : WITNESSETH, that whereas the said js desirous of conveying the parcel or tract of land and pre- mises hereinafter particularly descril)«;d, to the said Lord Bishop of Ontario, and to his successors, to the uses and upon tiie trusts hereinafter declared, according to the provisions of an Act of the Parliament of the Province of Upper Canada, passed in the third year of the reign of Her Majesty Que^n Victoria, intituled " An Act to make provision for the management of the Temporalities of the United Church of England and Ireland in this Province, and for other purposes therein men- tioned." Therefore, in consideration of of lawful money of Canada now paid by the said party of the third part to the said party of the first —177— part, the receipt whereof is hereby acknowledj^'ed. the said party of the lirst part, for the purposes aforesaid, i/(j//» j^'rant unto the said Lord Hisliop of Ontario, atul to his successors, in fee sinnple, ah and sinf,'ular that certain parcel and tract of land and premises situate and bein{^' in the of in the County of in the said Province of Ontario, containin^j be the same more or less, and being composed of which said parcel or tract of land Is bounded and described as follows, that is to say : i describe the land) To the uses and upon the trusts following, and sub- ject to the provisions of " The Act incorporating the Synod of the Diocese of Ontario," {Here insert the Trusts). The said party of the first part covenants with the said party of the third part. That he has the right to convey the said land to the said party of the third part notwithstanding any act of the said party of the first part. And that the said party of the third part shall have quiet possession of the said land, free from all incumbrances. And that the said party of the first part will exe- cute such further assurances of the said land as may be requisite. And that the said party of the first part has done no act tp incumber the said land. And the said party of the first part releases to the said party of the third part all his claims upon the said land. And the said party of the second part, wife of the said party of the first part, hereby bars her dower in the said land. —178— In witness whereof, the parties hereto have here- unto set their liands and seals. Sii;nfil, unhii and dtliverrd in till' hriunct of 1^.8.1 ri-."-i :'-8-j TO THli SYNOD OI- THE DlOCESli Ol- ONTARIO. WITH BAR OF l)0«'EK. This Indenture, made in diipl cate the day of ill the year of Our Lord one tliousand eifjht hundred and in pursuance of the Act respecting Short Forms of Conveyances, Between of the ftrst part, The Incorporated Synod of ihe Diocese of Ontario, of the second part, and wife bf the said party of the first part, of the third part : WITNESSETH, that whereas the said is desirous of conveying the parcel or tract of land and premises hereinafter particularly described, to "7/t;es and di d)iJisetiionts as may I'l; incniifd in the: care and manaf,fenient of the said property and in the execution of the said trust, may he appropriated an 1 applied for the support of Day Sclujmls and Sunday Schools [or Day Schools or Sunday Schools] in the Township of [or for the support of a ScIkxjI which hath been established on Lot. No. in the C'oncessionof the Town- ship of J within the Diocese of Ontario, in conformity witli the principles of the Church of Enfi[land in Canada. cii<(u;lati()N of hiuli:s, tkavkk iujoks, .wd ki.li- gious nooks and tracts. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charjjes and disbursements as may be incurred in the care and management of the said property and in the execution of the said trust, may be appropriated and applied towards the circulating, within the Diocese of Ontario, the Holy Scriptures, the Book of Common Prayer of the Church of England in Canada, and such other Books and Tracts as shall be approved by tl;e Synod of the Diocese of Ontario aforesaid. DIVINITY STUDENTS. Upon trust to hold the same for ever hereafter, to the intent and upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and management of the said property and in the execution of the said trust, may be appropriated and applied towards a fund for granting assistance, where it may be necessary, to those who may be preparing for the Ministry of the Gospel in the Church of England in Canada, within the Diocese of Ontario. •i87- ERECTION AND ENDOWMENT Ol" CHURCHES AND FAHSONAGES. Upon trust t(j liold the siiiik! for uvlt hi-rcafter, to the intent and upon the; trust that the rents, issues, and profits thereof, after (hiductinf,' all such charges and (lisl)ursiin(Mits ;>s tnay he incurred in the care and tManaj^'einent of the said property and in the execution of the said trust, may he appropriated and applied towards the erection, t;ndowrnent, and maintenance of Churches, according to the estab- lishment of the Church of Knf,dand in Canada witliin the Diocese of Ontario, the creation and mainten- ance of Parsona^'e-houses, tlie setiinj,' apart of Burial-f^Mounds and Church-yards, and the endow- ment and support of Parsonajjes and Rectories ac- cording; to the same Establishment. KOk A PARTICULAR CHURCH. Upon trust to hold tlie same for ever hereafter, for the use of that certain Church of the Church of England in Canada, situated in the Township of in the County of within the said Diocese of Ontario, called Church, [or ij the Church cannot be otherwise distinctly and accurately described, insert after the words *'Diocese of Ontario,'' — " which hath been erected, or is to be liereafter erected, upon Lot number in the Concession of the said Township,"] to the intent and upon the trust that the rents, issues, and profits of the said land and premises may be appropriated and applied to the use of the said Churcli, in such manner as the said Lord Bishop of Ontario, and his successors, (or the Incorporated Synod of the Diocese of Ontario), shall from time to time appoint. SITE OF A CHURCH. Upon trust to hold the same for ever hereafter, for the use of a Church of the Church of England in — 188— CatJada, to be erected upon the saiil parcel or tract of land, and for a burial-{,'r(jiiiul in connection there- with. Sl'll' Ol" A '.•IIIIKCII AND IMIKI'OSI.S AlTl ' l< IKN ANT THIlKKTo I'pon trust to hold the ?anie for ever hereafter, for the site or f;ronnd-plot of a Church of the Churdi of En^dand in Canathi, and for such otht^r nses or pur- poses appurtenant to the said Ch'.irch as tlie Lord Hisliop o( the Diocese (or the Synod of the Diocese, shall from time to time appoint. SIM'I'OKT OK INt^lIMUKNT. Upon trust to hold the same for ever hereafter, to the intent anil upon the trust that the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and management of the said property and in the execution of the said trust, may be appropriated and applied to the support of the Incumbent of that certain Chtirch of the Church of England in Canada, situated in called SITK F01< A PARSONAGE HOUSE. Upon trust to hold the same for ever hereafter, as a site for a Parsonage-house, for the use of the Clergyman of the Church of England in Canada, doing duty at ..- CONSTITUTION AND CANONS -OF THE- Provincial Synod, '^i^amss'i«mtf'- ■igi— propincial Sijno^. DKCLAW ATION OF" t'KOVINCIAI, SYNOD. We, the Hishops of tin; l'nit(;ij Church of ICng- land and Iroland, within the I'nivincc of Canaihi, to>,'ether with the I)elej,'at('S from the Clerfjy and I.aity of the l)ic)cu:san Synods now assernhlcd in th(> Hrst Provincial Syncnl under Koyal and constitutional authority, and intending,', under God's blessing,' and j^'uidance, to consider aiul determine upon such matters as shall appear necessi-ry for the welfare of the Church in this Province, desire to express our most humble and hearty thanks to Almighty (iod, that it has pleased Him in His Providence to set over us a Metropolitan, and thus to enable us, as in the ancient dfiys, to assemble as one body, under the direction of His Holy Spir't, Whose aid we now invoke, and in the name of His only bejjotten Son, for the consolidation and advancement of His King- dom in this Province. Before entering on the business for wiiich we are at present assembled, we desire publicly to declare the principles on which we propose to proceed. We desire the Church in this Province to con- tinue, as it has been, an integral portion of the United Church of England and Ireland. As members of that Church, we recogni/e the true Canon of Holy Scripture as set forth by that Church, on the testimony of the Primitive Catholic Church, to be the rule and standard of p'aith ; we acknowledge the book of Common Prayer and >"3lMweiWW''' — 192 — Sarratiients, toKi:tlu i with tin* Thirty-nim' Articli;s of K«:lif,'i()ii, to Im: a triir ;mer House may direct the Lower to — igb — appoint a Committee to report to the Upper on any subject on which they may desire the judf,'ment of the Lower, or to appoint their portion of a joint committee ; or may summon the Lower to a con- ference. 14. Messages from the Upper House shall be de- livered by an officer of the Upptr to the Secretary of the Lower, by whom they shall be communicated to the Prolocutor, who shall communicate them to the House. 15 The Lower House may present to the Upper any matter which they conceive to be a grievance or 10 recjuire amendment, even when they have no pro- position to make on the same ; and the Upper House shall thereupon place it in order for consideration, with a view of providing a remedy ; and shall, be- fore the conclusion of the session, declare to the Lower House the result. 16. The Prolocutor shall have the right of admis- sion personally or by Committee to the Upper House, to communicate the desire or decisions of his House ; and in such case he shall ascertain by message when he or the Committee can convenient- ly be received in the Upper House, and act accord- ingly. 17. It shall be competent to the Lower House to request a Joint Committee or Conference on any special object, beyond those submitted to it by the Upper House, or to propose for discussion any specific measure ; to which request an answer shall be given ; but it shall be at the option of the Upper House to accede to their request or not. iH. When either House shall desire a Conference with the other, or a Joint Committee, the reason for either shall be agreed to by the House desiring it, and communicated in writing to the other ; the — 197— Prolocutor personally or by committee in either case prf)ceeding to the Upper House either to deliver or to receive such reasons. i(). When either House shall have coine to a de- cision upon any subject in which the other House is concerned, it shall comnuinicate its decision to the other. 20. If the Lower House should not concur in a decision of the l'pj)er, they shall, in stating,' their non-concurrence, state their reason ; and may either propose an amendn'.ent, orrcijuest the Upper House to sufjf,'est an amendment to meet their reason, or request a conference. 21. If the Upper House should not concur m a resolution or decision of the Lower House, they may, in stating their non-concurrence, either state their reasons or not ; and may either propose an amendment, or retjuest the Lower House to prepare an amendment, or appoint a conference, to which the Lower House shall always give attention. 22. The Conference may be either by deputation from both Houses, or by deputation from the Lower House, or by open conference, as the Upper House may think fit ; and the place shall be appointed by the President. 2j. No proposition shall be considered as sanc- tioned by the Provincial Synod, until it has received the separate sanction of both Houses, which shall be declared by the President in writing. 24. Committees, whether of either House, or of the two Houses, may hold their meetings either during recesses in the session, or during the proro- gation of the Synod. —198— 25. No alteration of the Constitutions or Canons shall cotne into operation until it has been confirm- ed at a second session of the Provincial Synod. 26. Each meeting of the Synod shall he preceded or coniineiiced by Morning Prayer and a Sermon, if so ordered by the Metropolitan, and on the first day of such meetiuj^ the Holy Communion shall be ad- ministered. 27. The business of each day shall be commenced by prayer for the Divine guidance and blessing, ac- cording to a form authorized by the House of Hishops. 28. The election of the Clerical and Lay Dele- gates shall be certified under the hand and seal of the Bishop of the Diocese which they represent, or, in the absence of the Bishop, the Chairman of the Synod ; and such certificate shall be final and con- clusive : which certificate shall be forwarded by the Secretaries of the Diocesan Synod to the Secretaries of the Lower House of the Provincial Synod within fourteen days after said election ; and in case any of the said Delegates mentioned in such certificate shall be unable to attend, a certificate signed by the Bishop, or in his absence by the Clerical Secretary of the Diocesan Synod, that (A.B.) being a Clerical or Lay Delegate from his Diocese is unable to at- tend, and that (C. D.) is authorized by vote of the Synod of that Diocese to fill his place as Delegate, shall be final and conclusive, whether presented be- fore or during the Session of this Synod. -199- PERMANHNT OKDKH OF I'PJ^C^EFv DINGS AS ADOPTED in' BOTH HOUSES.^ 1. The Provincial Synod shall meet at the place of deliberation (notice beinj^ previously f^iven by the Metropolitan or his deputy, of the time and place of meetinf,'), the Bishops attired in their proper robes, and the Clerfjy in their gowns, cassocks, bands and hoods ; and shall proceed in procession to the cathe- dral for Divine service, on which occasion the Holy Communion shall always be administered. The Litany shall he said by the junior Bishop ; the preacher shall be appointed by the Metropolitan, and special prayer shall be made for the Synod. The collection shall be applied to the current ex- penses of the Synod, unless otherwise ordered by the Metropolitan. 2. At an appointed hour after Divine service the members of the Synod shall re-assemble at the place of deliberation, where, after the President has taken his seat, he shall inform the Lower House with re- gard to their place of meeting, and direct them to elect their Prolocutor. 3. When the Prolocutor has been elected, he shall be conducted to the Upper House by the Chairman, accompanied, at discretion, by any members of the Lower House, and his election announced to the President. 4. The President shall then state to him the busi- ness which the Upper House desire to engage the attention of the Lower House, specifying, when necessary, the order in which they desire it to be taken up. 5. On his return, the Prolocutor shall first nomin- ate iiis own drputy (in case of his absence) and then — 200 — introduce to the House the business on which the Upper House desire them to engage themselves. (y. On evfry day of meeting aftor the first, the S}nod shall meet at () a.m., and shall proc.et'ci at once, before any business is announced, to Morning Prayers at the (\'ithcdral, or the plnco appointed, and after Prayers proceed to Business. 7. Before the conclusion of the session, the Presi- dent, with the consent of the Mouse of Bishops, shall issui' a Schedule, declaring the state in which each matter of Business ncnv stands which has been brought before the Upper House, and promulgate it to the Lower House ; reserving all nntinished busi- ness to the ne-\t Session, and proroguing the Synod. M. The Prolocutor, on receiving the schedule of prorogation, shall, at the first opportunity, com- municate it to his House, which shall not prolong its sittings beyond that day. ORDER OF PROCEEDINGS OF THE LOWER HOUSE. 1. On the first day of meeting, after Prayer, the Clerical and Lay Secretaries shall call the roll of their respective orders. 2. A quorum being present, the Prolocutor shall then be elecied by the Lower House, and on his re- turn from the Upper House two secretaries shall be elected, one Clerical and one Lay, by the Clergy and Laity respectively. The Lower House shall then proceed to the election of a Treasurer and two — 20I — Auditors who shall hold these offices until their suc- cessors shall be appointed, and in case of a vacancy occuriin<,' in any of said offic-cs by death or other- wise, when the Lower House is not in Session, such vacancy shall bo lillefl by the l*rolo( iitor. and the person so appointed shall hold office until his suc- cessor is duly electt:d by tin: Lower House. J. After this, the Daily Order of lousiness shall be as follows : — (i) Reading, correcting and approving the Minutes of previous meetMig. (2) Appointing Coniniittees. (3) Presenting, reading, and referring Memo- rials or Petitions. ^4) l^resenting Reports of Cornniittees, of Trea- surer, or Auditors. (5) Giving Notices of Motion. (6) Taking up I'ntinished Business. (7) Consideration of Motions. (8) Orders of the Day, (9) Before the final adjournniei t of the Synod, reading, correcting and a|)proving the Minutes of the last day's Proceedings. RULES OF ORDER. I , The Lower House shall meet on the day and at the hour and place appointed by the Metropolitan or President, and unless otherwise ordereii by the House, on each succeeding day at ten oclock ;'and — 202 — the inicl-day a(ljoiirnmfnt shall he from one o'clock to half-past two p.m. ; and tlic hiisinoss, except the work of the Comii)ittees, shall conclude at six p.m., at which hour the House shall proceed to the Cath<'dral for Kvensonj,', When the Prolocutor has taken the Chair, every nicmher shall remain uncovered. 2. The Prolocutor shall preserve order and de- corum, and shall have {)ower to appoint Assessors to aid him in st> »loinf,', and lie shall decide all (|ues- tions of order, suhject to an appeal to the House, to he decided without dehate ; and when calletl upon to decide a point of order, he shall state the rule applicable to the case, without argument or com- ment. 3. As soon as conveniently may he after the call- ing of the Rolls and election of Officers, the follow- ing Standing Committees shall be appointed : — 1. On the state of the Church. 2. On amendments to the Constitution. J. On Canons. 4. On Rules of Order. 5. On Elections. 6. On Expenses. 7. On Memorials of Deceased Members. 8. On Unfinished Business and Printing. Such Standing Committees shall be appointed upon the recommendation of a Nominating Com- mittee to consist of one Clerical and one Lay Dele- gate from each Diocese, named by the Prolocutor : and any matter having any relation to the work of such Standing Committee may, upon its coming be- — 203 — fore th" House, bo rcft-ricd without ilchatf to the proper Coininittec for cunside.iitioii iiiid report. ^ 4- When any tneiuber wishes to speik, he shall rise and address the (hair. 5. Wlu'ii two or inorc niernhers rise at the same titiie, the rrolociitui shall name the party hrst to speak. 6. A ijieinber calltd to order while speaking shall sit down, unless perinittid to explain. 7. No motion or amendment shall be considered as before the Honse, uidess seconded and reduced to vvritinf,'. 8. No member, save the mover of a resolution, who, as mover, is entitled to reply, shaM speak more than once, except by permission of the Honse. 9. A member may rise to explain, if permitted by the Chair. 10. No orif,'inal motion, except motions of course, shall be received without notice, except by permis- sion of the House. II. When a resolution has been moved and sec- onded, any member may require the previous ques- tion to be put, whether the motion so made shall be put or not, and that (question shall be decided with- out debate. 12. When a motion has been read to the House by the Prolocutor, it cannot be withdrawn without the consent of the House. 13. When a (juestion is under consideration no — 204 — other motion shall ha received, pxcept to adjodrn ; to lay it on the taldc, to consiiirr it claiisi' h\clausi', to postpoiif it to a ceitaiti titiio, to post|)oiu? it in- tlffiiiitfly, to refer it to a CorniMittef, to amcntl it or to divide iipori it, and tnotiotis for any of these piii- poses sli.ill have pr<'(»'d(;nce in the order tiaMie(l. No more tiiaii oiu; ainrndnient to a pro|)oser| ariiendMH'iit of .1 ipiestion ^liail he in order. 14, A motion to adjoinn shall always he in orde-r. 15. Motions to adjourn or to lay on the tahle shall he decided without dehate. i(>. A motion to suspend a Rule of Onler shall takt! preci'(|eiu:e of all other motions, and shall he )• orders votinj; separately ; and in that case a nnjority of hoth orders shall be neces- sary to an affirmative vote. 2\. On a division, the names of those who vote for or aj^ainst a (piestion shall he recorded in the Minutes, if required by three members. 24. A (juestion beinj,' once determined shall not af,'ain be drawn into discussion in the same Session, without the unanimous consent of the House. 25. Comtnittees shall not be appointed without notice, excepting,' Standing' ("omiuittees, Committees of the Prolocutor to the Upper House and Commit- tees of course, sucli as those which follow upon the adoption of a resolution, vvhicli rcfjuires a Com- mittee. 26. When a separate Committee of this House has been named, whose function is deliberative, the Prolocutor shall direct what number of its members do form a quorum, unless the quorum is fixed by the resolution under which the Committee is appointed. 27. When a Committee is appointed, tlu; Mover of the resolution askinf^ for the Committee, shall be the Chairman of the Committee, or when a resolu- tion is referred to a Committee, the mover of the resolution shall be Chairman, unless the Committee has already been organised. iS. Reports of Coiiiiiiitti.'os shall be in writing, sijjMccI by tlic ('lininiiaii, atul sli.ill l><; ten-ivrd in course, but :i motion niiiy bo niacic for rc-cotnuiittal. -!t^ Motions with reference to Reports from ('om- mitt«'i>^ shall take prectidence of other motions on the paper. {o. Whi'iU'vcr it shall liapptMi that im-nibers ap- pointed on Committees art* not re-elected to the Pro- vincial Synod, the l^rolocutor may appoint others from the same diocese or dioceses to hll their place ; and in order thereto a copy of the certitied lists of clerical and lay delej,'ates sent to the Secretaries shall be sent by thrm to the I'rolocntor, within ten days after they shall have received the same. ji. It shall be the duty of the Secretaries to ar- ran{,'e a list of all business, and all notices of motions sent to them by members to be broufjfht before the Provincial Synod, according,' to the order in which they are received ; and under the direction of the Metropolitan, to cause a printed copy of the same to be sent to every member of the Synod twenty-one days before its meetinpj ; which business and no- tices shall stand first on the order of the day. 3_'. A Standinj^ Committee of three Clerical and three Lay members of the Synod shall be appointed on the fiist day of the meeting of the Synod, and such Committee shall arran^^e for each day the order of precedence of the several motions, of which notice has been f,'iven, and have them printed. 33. In any unprovideil case resort shall be had to the Rules of Order of the House of Commons in Canada for j^midance. 34. No Canon shall be enacted unless the same has been transmitted by the Secretaries of the — 207— I.dWi-r Iloiist' to the Members of the I'luviiicial Synod at least one month I)efote the meetinj,' nf the Synod, or unless the same has heen h'ft ovei as un- finished business, and piinted in the Journal of the previous Session. CANON I.— CANON OF THE KLECTION OF THE MFTKOI'OLITAN lilSHOF. I'assed, 3rfl Session, 1865. Cunfirmed 4th " 18C8. Amendefl 5th " 1871. Contirnied as amended Hth " 1874. 1. I'Vom and after the day on which ihe See of Montreal shall next become vacant, the Bishop of Montreal shall not, by virtue of his office as r»uch, be the Metropolitan of this Ecclesiastical Province. 2. After the expiration of three months, and not later than the expiration of six months after the next and every subsequent avoidance of the Metropolitan See, the Bishops of the said Province shall meet under the presidency of the senior Bishop, or in case of his inability to act, under the Presidency of the Bishop next in order of seniority, and it shall be his duty to summon them to that end, at some place within the Ecclesiastical Province, by giving; at least six weeks' notice of the time and place of meetinj,', and elect one of their number to be president of the House of Bishops, and the Bishop so elected shall thereupon ipso facto be the Metropolitan Bishop, and shall have, possess and exercise any prerogatives which the Metropolitan Bishop in the said Province now has, possesses and exercises, or may or can — 20S— have, possess and exercise, any law, usapje or custom of the said Province to the contrary in any wise notwithstanding. 3. The see- of the said Bishop so elected as afore- said, shall be the Metropolitan See of the said Pro- vince, but the C'ty of Montreal shall be, as it presently is, the place of the Meeting of the Provin- cial Synod of the said Province. 4. Until the election of the said Metropolitan Bishop, the said Senior Bishop shall, after each such avoidance aforesaid of the Metropolitan See, be vested with all the rights, powers, privileges, and prerogatives of Metropolitan Bishop aforesaid. 5. All rules, regulations, canons or other provis- ions of law of the said Province inconsistent with the foregoing provisions, shall be and the same are hereby repealed. 6. In such election of the Metropolitan Bishop, it shall be necessary that a majority of all the Bishops of the Dioceses in the Ecclesiastical Province of Canada concur either by actual vote at the meeting called for such election or else in writing under their hand and seal. CANON II.— OF SUBMISSION OF CLERGY TO THE CANONS OF THE PROVINCIAL AND DIOCESAN SYNODS. Passed 3rd Session, 1865. No fJishop within this Province shall hereafter grant his license to any Clergyman to the cure of — 20g — souls until such cler{,'ynian has hist subscribed and declared his submission to the Canons of the Provincial Synod, and of the Synod of the Diocese of such Hishop, in the following form : I, (A.B.,) do willinp^ly subscribe to and declare that I assent to and abide by the Canons which have been, or shall be, from time to time passed by the Provincial Synod, or the Synod of the Dio- cese of CANON III— ON THE POWERS OF THE ME- TROPOLITAN. Passed 3rd Session, 1865. 1. The Metropolitan shall have precedence of all the other Bishops of the Canadian Dioceses, and the said other Bishops shall be his Suffragans. 2. The Metropolitan shall preside over the House of Bishops, and shall convene the Provincial Synod and be the President thereof. 3. Upon a memorial signed by two-thirds of the Cle.ical and Lay Members of any Diocesan Synod, certified to be such by the Clerical and Lay Secre- taries of such Diocesan Synod, requesting the Me- tropolitan Bishop to exercise visitatorial power in such Diocese, the said Metropolitan Bishop shall have full power and authority to visit such Diocese and the Bishop thereof, and during such visitation to inhibit the exercise of all or such parts of the or- dinary jurisdiction of such Bishop, as to him the Metropolitan Bishop shall seem expedient, and dur- «• — 210- iri},' the time of such visitation to exercise by him- self or his commissaries, such powers, functions and jurisdiction in and over the said Diocese as the Bishop thereof might have exercised, if he had not been inhibited from exercising the same. CANON IV. -ON THE TRIAL OF A BISHOP. OFFENCES FOR WHICH A BISHOP MAY BE TRIED. Passed 3rd Session, 1865, Amended gth " 1877. Confirmed as amended 10th " 1880. I. Any Bishop of this Ecclesiastical Province may be tried, if charged with any of the followinj^ of- fences : — (i). Crime or immorality. (2). Advisedly holding and teaching, whether pub- licly or privately, any doctrine contrary to that held by the Canadian branch of the Church of England. (3), Wilful violation of tlie cjnstitution or canons of the Provincial Synod. (4). Wilful violation of the constitution or canons of his Synod. II. No charge against a Bishop shall be made except in writing, and it shall be signed either by a Bishop of this Church, or of one in communion therewith, not under suspension, deprivation or de- gradation ; or by seven male communicants of this Church in good standing, of whom at least three shall be priests. — -211 — ACTION ON HUMORS. III. Whenever a Hishop of this Ecclesiastical Province shall have reason to believe that there are in circulation rumors, reports or charges affecting his moral or religious character, he may, if he please, acting in conformity with the written advice and consent of any two of his brother Bishops, demand of the MetropoHtan, or if the Metropolitan be the Bishop affected by such rumor, then of the Bishop Senior by consecration, to convene a Board of In- quiry in the mode hereinafter set forth. IV. Accusers may choose a lay advocate in pre- paring proofs and charges, &c., or they may pre- pare such charges themselves, and in either case the grounds of accusation must be set forth with rea- sonable certainty of time, place and circumstances. CHARGES. TO WHOM TO BE DELIVERED. V. Charges prepared in either of the modes men- tioned shall be delivered to the Metropolitan, if he be not the accused ; if he be the accused, the charges shall be delivered to the Bishop Senior by consecra- tion. VI, Accusers must give security to the accused in a bond with sufficient sureties to be approved by the Registrar of the Court of appeal of the Metro- politan in the penal sum of one thousand dollars, conditioned to secure the accused for his costs in case he be acquitted on the charge, or the charges be not proceeded with. HOARD OF INQUIRY, HOW CONSTITUTED. VII. The House of Bishops at each meeting of —212 — the Provincial Synod shall appoint a Board of pre- liminary inquiry, not exceeding nine persons, all being communicants of this Church, the majority of whom shall form a quorum who shall act as such, until the next meeting of the Synod, provided al- ways that no person who has joined in making the charges shall act upon the Board. NOTICE TO MEMBERS. VIII. The Metropolitan or Senior Bishop, as the case may be, shall on receipt of such charges give notice thereof to said Board, and direct them sever- ally to attend at the time and place designated by him, and to organize the Board, and it shall be the duty of each member so notified to attend. The place of meeting must be within the Diocese of the accused. The Metropolitan or Senior Bishop shall send at the same time a copy of the charges to each mem- ber of the Board and also to the accused. IX. The sittings of the Board shall be private. X. All evidence shall be taken down in writing and signed by the yvitnesses. Two witnesses shall be necessary to the proof of any charge, and the Bishop charged, and the person making the charge, may respectively give evidence before the Board. PRESENTMENT. XI. If the majority of the Board present shall be of opinion that there are sufficient grounds to put the accused Bishop on his trial, they shall direct the Chairman to prepare a presentment, to be signed by such of the Board as agree thereto. XII. The Chairman shall transmit to the Metro- politan or Senior Bishop from whom their charges —213 — were received, the presentment thus signed, together with the evidence on which it is based; and the said Bishop shall send to the accused Bishop a copy of the same. XIII. If a majority of the board present shall be of opinion tliat there is not sufficient ground to put the accused Bishop on his trial, they shall report thereon in writing to the Metropolitan or senior Bishop, and in such case the charges, together with the certificate of the Metropolitan, or Bishop senior by consecration, of the refusal of the board to make a presentment, shall be prepared in duplicate ; one to be sent to the secretary of the Provincial Synod, to be deposited among the Archives of the Synod, and the other to the secretary or secretaries of the Diocesan Synod, of the diocese where the Bishop has been so charged ; no proceedings shall be had thereafter by way of presentment on such charges. LIMITATIONS OF TIME. XIV. No presentment shall be made in any case unless the alleged offence shall have been committed within two years next before the day on which the charges were delivered to the Metropolitan, or Bishop senior by consecration, except the charge be of such a nature that it would subject the accused to indictment before the criminal courts. TRIAL. XV. When a presentment shall have been made by the Board of Inquiry, or the majority thereof, it shall be the duty of the Bishops receiving it to make arrangements for the trial of the accused. XVI. The Court shall be formed of the Bishops of the Ecclesiastical Province, the majority of whom, excluding the accuser if he be a Bishop, and the ac- —214— cused, must be present. And the rules of evidence to be followed on the trial sliiill be those of the Civil Courts of the Province within which the trial takes place ; provided always that the accusers and accus- ed may respectively give evidence. XVII. The Bishop to whom the presentment is made shall summon all the Bishops of the Province, other than the accuser and accused, t;o attend at an appointed time and place, and it shall be the duty of every Bishop so summoned to attend, unless he be excused for reasonable cause to be approved by the Metropolitan, or by the Bishop senior by con- secration. He shall also within two weeks summon the ac- cused Bishop, by written notice to be sent by mail within two weeks from the receipt ot the present- ment, addressed to his usual or last place of resi- dence in his diocese, to appear and answer at the time and place so appointed, and shall also give the like notice to the complainants, requiring them to attend at the same time and place to substantiate their charges. XVIII. The time appointed for trial shall be with- in three calendar months, and not less than one month from the day on which the summons was mailed, and the place shall be within the diocese of the accused Bishop. XIX. The Bishops shall appoint a legal assessor at the time of trial, but such assessor shall not vote in any case whatever. XX. If the accused refuse or neglect to appear, then the Court shall proceed ex parte to pronounce him in contumacy, and after hearing the evidence adduced pronounce judgment in the case. XXI. The accused and the accusers may appear by counsel. XXII. The decision of the ("oiirt on ;ill tiit; charj^'es shall be reduced to writiiif,' and sif^ned by a majority of those members of the Court by whom tlie case has been heard. XXIII. The sentence of the Court, if the accused be found f,'uilty, sliall be either admonition, suspen- sion for a definite period, de|)t)sition or removal ftoni olttce in tht; saitl Church, aiul in the case of dep si- tioii or removal from office, witli a cessation of all rights to the temporalities of the see. XXIV. The jud^'nient of the Court shall be com- municated to every Bishop of this Ecclesiastical Province, to the Provincial Synod and to the Synod of the Diocese of the accused Bishop, and the said Synods shall forthwith proceed to enter and record such judgment. A full record of the proceeding's of every such trial shall be kept by the House of Bishops. CANON v.— COURT OF APPEAL OF THE METROPOLITAN. Passed and Session, i86-2. Confirmed 3rd " 1865. Amended lotli " 1880. Confirmed as amended 12th " 1883 HOW CONSTITUTED. The House of Bishops, presided over by the Metropolitan, or President of the Upper House, or Senior Bishop in their absence, with three Assessors — 2l6 — to be appointed as hereinafter enactetl, shall be the Court of Appeal from the judgment of any Diocesan Court. A majority of the House of Hisliops shall ((insti- tute a \)uorum of the ("ourt of Appeal, and the de- cision of the majority of the Hish<)i)s sitting in Appeal shall hind, and in the event of an iMpiality of votes the decision of the ("ouit appealed from shall stand affirmed. The Bishop of any Diocese, who has given any judgment eitlit'r alone or in any Diocesan Court in, or is x party to, any case, shall not sit in Appeal in such case. • OF ASSESSORS. There shall be three Assessors, laynien, communi- cants of the Church of England in good standing, and Judges of some Court of Law in the Dominion, or else barristers of at least ten years' standing at the bar of any of the Provinces. At each regu'ar session of the Provincial Synod, the Upper House shall send down the names of three persons ((piali- rted as aforesaid) to the Lower House ; if any or all of them be not accepted, the Upper House shall send down another name or other names, as may be required. Should this second nomination not be accepted, the Upper House alone shall appoint, provided that the said House may not appoint any person whose name has been rejected by the Lower House. The Assessors so appointed shall be the Assessors of the Court until their successors be appointed, or themselves be reappointed at the next meeting of the Provincial Session. Should a vacancy occur before that time, by death or regsignaion, or should any of the Assessors become disqualilied from any cause, the Metropolitan shall fill up the vacancy. « -217— The Assessors or a majority of thetn shall (icter- riiiiie all questions of evidence and procedure, and the Assessors shall advise the Court upon such other (piestions hefore the Court, as the uiajoiity of the Court may in vvritiny submit for their consideration. All derisions and advice of the Assessors shall be in writing' and liall be published tof,'ether with the decisions t)f the (Ourt. WHEN Al'FEAL SJlALL LIK An appeal shall lie to the Court of Appeal, in all cases adjudj,'ed by any Diocesan Court, on behalf of any party to the case or proceeding in the Diocesan Court. There shall be no appeal for any error or defect in form in any proceedingor judgment in a Diocesan Court. An appeal shall lie to the Court of Appeal from the judgment or decision of the Hishop of any Dio- cese. PROCEEDINGS OF THE COURT. The Court of Appeal may sit in any Diocese, at such times and places as the Court shall, from time to time, order and direct. The Appellant shall give notice of Appeal to the Respondent and the Bishop of the Diocese in the Court of which the judgment appealed from is given, within one calendar month after such judgment. The Appellant shall give to the Respondent, with- in two calendar months after such judgment is given, a bond with sufficient securities, to be ap- — 2I«— proved by the Ro|L,'istrar of the ('ourt of /^ppeiil, in the sum of $400, to secure the Respondent for the costs of the appeal, in case the appt-al is dismissed. ICvery Appeal shall be prosecuted to a hearing' by the Appellant within one year after such jud^'inent is fjiven ; if the Court of Appeal shall not so sit, then at the Hrst sittinjj of the Court of Appeal after such year shall have expired. The Appellant shall, within three calendar months after such jud;jfment, brin^' into the Court of Appeal and t\h' with tlie Rej^istrar thereof, a transcript of all the proceedinpfs and judf^'ments appealed from, certified to be correct by the Refjistrar of the Dio- cesan Court, or the Bishop of the Uiocese whose judgment is appealed against. If any of the proceedings in the next preceding four sections are not taken within the times respect- ively limited therefor, the Appeal shall be consider- ed dismissed, and the judgment appealed from shall stand. The Appellant shall give the Respondent one calendar month's notice in writing of the hearing of the Appeal. The Court of Appeal shall make such rules and orders as to the forms of procedure and practice, fees and costs, as such Court shall, from time to time, deem necessary. — 2ig — CANON VI. -OF MINISTICKINC IN PAKlSilKS. I'asHecl 5th Session, 1871. 1. N(i Ckifjyinan shall absent liitiiself from his chaif^'e for more than for.r weeks at a time, without the written consent of the Hishop or, in his absence, of his Commissary. 2. No person shall be permitted to celebr.'i*e Di- vine Service or perform any otHce of the Church, permanently or occasionally, except he shall have been Kpiscopally and Canonically ordained, and it shall be the duty of the Incumbent, or, in his ab- sence, of the Churchwardens, to demand proof of such ordination and of the good standing of the Clergyman before permitting him to officiate. No person shall perform the office of Lay Reader except he shall hold the Bishop's license. This Canon shall not apply to the students of any Theological College, so as to prevent them from reading the Lessons in the College Chapel, or to Laymen occasionally officiating when there is a necessity for it. 3. No Clergyman shall officiate in any Mission or Parish, either as a substitute for the incumbent or his assistant, for more than one month, without the written License of the Bishop, and no person who has availed himself of this implied permission shall be allowed to officiate again in the same Mission or Parish within a period of three months, unless he obtains the License of the Bishop or the Bishop's commissary. 4. No Bishop of one Diocese shall perform any Episcopal functions in another without the sane- —220— tion of the Bishop thereof, save in the case provided for by tlie Canon n-latinj,' to the powers of the Metropolitan, nor sliall any Hishop perform any such functions in any vacanf Diocese except hy in- struction from the Metrt)pohtan ; or, in case of the voi(hince of his Uiocese, from the Senior Bishop of the Province. CANON VII.— OF LETTERS TESTIMONIAL- I'assed 5th Session, 1871. When a Priest or Deacon in good standing is de- sirous of leaving a Diocese, it shall be the duty of the Bishop to give him, on his request, the usual " Letters Testimonial," but the Clergyman receiv- ing the same shall continue subject to the Episcopal Jurisdiction of the Bishop till the Letters Testimon- ial shall have been presented according to their address, and accepted by the Bishop to whose Dio- cese the Clergyman wishes to be tranferred ; pro- vided always, that if they be not presented within three months after their date, they may be considered as void by the authority whence they proceeded, and shall be void unless they be presented within six months. CANON VIII. — OF EPISCOPAL RESIGNA- TIONS. Passed 5th Session, 1871. Amended " 1883. Amendments confirmed " 1886. I. If a Bishop shall desire to resign his Diocese, — 221— he shall jjivc in his lesifjtuition to the Metropolitan, in writing, or (if he be hitnself Metropolitan) to the Bishop senior by Consecration ; but such re.',if,'nation shall not be accepted, except with the consent of two-thirds of the House of Hishops in Session assembled, provided that not less than a niajoiiiyof the whole number of Mishops of the Province be present and voting. 2. Such Session of the House shall be held within three months of date of the receipt of the resijjna- tion by the Metropolitan. .{. The acceptance of any such resignation shall be signified in writing by the Metnjpolitan to the Bishop desiring to resign his See, and to the Secre- taries of his Diocesan Synod, such notification to specify the date at which the resignation shall take effect, wliich shall not be later than three months from the date of the acceptance of such resignation. CANON IX.— OF THE SUBDIVISION OF DIO CESES. Passed 5th Session, 1871. The House of Bishops shall have the power of subdividing existing Dioceses which may be contigu- ous, with the concurrence, or upon the application of the Synod or Synods of the Dioceses affected, and it shall be the duty of such Synod or Synods to consider, without delay, any proposal for the sub- division of a Diocese which may emanate from the House of Bishops. * 222- canon x.— of thk officiating of strangp: clergymen in a diocese. Passed 5th Session, 1871. When a Bishop is aware that a Clergyman not of his Diocese is officiating or about to officiate in his Diocese, and when the said Bishop shall have good reason to believe that doubts exist regarding the Clergyman's orthodoxy, canonical ordination, or good morals, then the Bishop may inhibit him from officiating within his Diocese, by a writing addressed to him, and to the clergy. And any Clergyman, after the receipt of the Bishop's inhibition, permit- ting such inhibited person to perform any clerical function in his Church, Mission or Chapel, siiall be proceeded against by the Bishop for breach of can- onical obedience. CANON XL— ON MISSIONARY BISHOPS. Passed 6th Session, 1872. I. The Provincial Synod may elect a suitable Priest to be a Missionary Bishop over a District not within any organized Diocese, or over a District which includes within the new Territory a part or parts of one or more existing Dioceses, and when the House of Bishops shall be satisfied that adequate provision has been made for the support of a Mis- sionary Bishop, the Metropolitan or presiding Bishop may convene the Provincial Synod for the purpose of electing such Missionary Bishop, by the joint action of the Upper and Lower House, wiiich elec- —223— tion shall be conducted in the followinj,' manner: - The House of Bishops shall present to the Lower House one or more names for election by ballot, and if none of these names shall be accepted by tne Lower House further names shall be presented by the Upper House until it shall signify that it has no other name to present. All names presented to the Lower House shall be before it for election until an election shall have been made. A majority of votes, Clerical and Lay, shall be necessary to an election. 2. In case a Missionary Bishop shall be appointed in the manner hereinbefore mentioned over a Dis- trict which includes or consists of a part or parts of one or more existing Dioceses, the Missionary Bishop shall exercise no jurisdiction over any part or parts of such other Diocese or Dioceses, until the Synod or Synods of the Diocese or Dioceses affected shall have consented to his so doing, and it shall be the duty of such Synod or Synods to consider with- out delay any such proposal. 3. The Bishop elected, as aforesaid, shall exercise his Episcopal functions in such Missionary District in conformity with the Constitution and Canons of this Province, so far as they can be made applicable to the condition of his District. 4. Every Missionary Bishop shall be entitled to a seat in the House of Bishops, and shall report to the Metropolitan, for the information of the Pro- vincial Synod, at every meeting of the Synod, con- cerning the state and condition of the Church in his Missionary District. 5. In the event of a vacancy occurring in any Missionary Diocese, the Provincial Synod shall be summoned, within six months, to elect another Mis- sionary Bishop ; provided the regular meeting of the Provincial Synod shall not take place within twelve months after such vacancy, in which case the elec- — 224 — tion shall be postponed until such ref,'ular meetinfj, and in tht nieantime, the duties of the late Bishop shall devolve, so far as they can be discharged by him, on a Commissary, whom it shall be the duty of every Missionary Bishop to appoint on his conse- cration, and from time to time, as the office shall become vacant. 6. Nothing contained in the first clause of this Canon shall prevent the election of a Missionary Bishop at this Session of the Synod, or at any ad- journed Session of the same. 7. Any Diocese of the Provmce may, if it desires so to do, separate and set apart any portion of its Territory as a District suitable for tlie establishment therein of a Missionary Bishopric, and such Terri- tory so set apart may become a Missionary Diocese and a Bishop be appointed thereto in accordance with the foregoing Canon. CANON XII.—FOR ALTERING THE ORDER OF THE PUBLIC SERVICE IN CER- TAIN CASES. Adopted 8th Session, 1874. Amended gth " 1877. Amendments confirmed loth " 1880. Whereas the Convocations of Canterbury and York did introduce certain modifications into the order of the Public Service of the Church ; and whereas the Imperial Parliament did by Act 35 and 36 Vic, Cap. 35, sanction and authorize the same as amendments to the Act of Uniformity ; and — 225-- whereas it is expedient to extend such modifications to this Ecclesiastical Province : — • Be it, therefore, enacted as follows : — USE OF SHORTENED FORM OF MORNING AND EVENING PRAYER. The shortened Order for Morninj^ Prayer, or for Eveninfj Prayer, specified in the schedule of this Canon, may, on any day except Sunday, (Christmas Day, Circumcision, Epiphany, Ash Wednesday, Good I'^riday and Ascension Day, be used in lieu of the Order for Mornin;^' or Evenin;,' Prayer respect- ively prescribed by the Book of Common Prayer. The permission hereby jjranted to use the short- ened form of Morninj; and Evening Prayer specified in the Schedule of this Canon, is hereby extended to Sundays and Holy Days, when the Clergyman shall deem it desirable, either from the peculiar condition of his congregation or from the laborious nature of his ministrations. Such liberty, however, shall not be used without the written sanction and approval of the Bishop. SPECIAL SERVICE FOR SPECIAL OCCASIONS. Upon any special occasion approved by the Ordinary there may be used in any Cathedral or Church a special form of service approved by the Ordinary, so that there be not introduced into .-^uch service anything, except anthems or hymns, which does not form part of the Holy Scriptures or Book of Common Prayer. ADDITIONAL SERVICE ON SUNDAYS AND HOLY-DAYS. An additional form of service, varied from any form prescribed by the Book of Common Prayer, — 226 — may be used at any hotir, on any Sunday or Holy- day, in any Cathedra! or ('hurch in which thero are duly read, said, or sung as re(]uired h\- law, on such Sunday or Moly-day, at some other hour or hours, the Order for Morning Prayer, the Litany, such part of the Order for the Achninistration of the Lord's Supper or Holy Communion as is recjuired to be read on Sundays or Holy-days if there be no Communion, and the Order for Lvening Prayer, so that there be not introduced into such additional service any portion of the Order for the Administra- tion of the Lord's Supper or Holy Comuiuiiion, or anytiiing except anthems or hymns, which does not form part of the Holy Scriptures, or Book of Com- mon Prayer, and so that such form of service and the mode in which it is used is, for the time being, approved by the Ordinary. SFPARATION OF SERVICES. Whereas doubts liave arisen as to whether the following forms of service, that is to say : the Order for Morning Prayer, the Litany, and the Order for the Administration of the Lord's Supper or Holy Communion, may be used as separate services, and it is expedient to remove such doubts ; Be it, there- fore, enacted and declared, that any of such forms of seivice may be used together, or in varying order as separate services, or that the Litany may be said after the third Collect in the Order for Evening Prayer, either in lieu of or in addition to the use of the Litany in the Order for Morning Prayer, and any of the said forms of service may be used with or without the preaching of a sermon or lecture, r the reading of a homily. PKpACHINtJ A SERMON WlTHOl'T rKEVIOl'S SER. VICE. Whereas doubts have arisen as to wliether a serr mon or lecture may be preached without the com- — 227— mon prayers and services apjiointed by the Hook of Coininoh Prayer for the time (rf day beiiij,' previous- ly read, and it is expedient to remove such doubts ; Be it, therefore, enacted and declared, that a sermon or lecture may be preached without the common prayers or services appointed by the Book of Com- mon Prayer beinj,' read before it is preached, so that such sermon or lecture be preceded by any .service authorized by the Canon, or by the Kidding' Prayer, or by a Collect taken from the Book of Common Prayer, with or without the Lord's Prayer. SCHKDULL. NoTK. — The Minister usin^' the Shortened Order for Mornin},' Prayer or for blveninp; Prayer in this Schedule may, in his discretion, add in its proper place any exhortation, prayer, cant'cle, hymn, psalm, or lesson contained in the Order for Morninf; Prayer or for Evening,' I'rayer in the Book of Com- mon Prayer, and omitted, or authorized to be omit- ted, from such shortened order. SHORTENKD I"i>KM O!" SHKVICE FOK MORNING PRAYER. D.MLY THROUGHOUT THE YEAR, EX- CEPT SUNDAY. CHRISTMAS DAY, CIRCUM- CISION, EPIPHANY, ASH WEDNESDAY, GOOD FRIDAY AND ASCENSION DAY. A t the beginning of Morning Prayer the Mivsier shall read with a loud roice one or more of these sentences of the Scriptures that follow : " When the wicked man," &c. A General Confession, to be said of the whole Congre- gation after the Minister, all Kneeling : —228— " Altni^'hty and Most Merciful Father," ike. The Ahsulitliou or Rcinissioit of Sins, to be pronounc- ed by the I'riest alone, Standing, the People still Kneel- "Almighty God, the Father," dvc. The People shall answer here, and al the end of all other prayers, ' ' A men.' ' Then the .Minister shall Kneel and say the Lord's Prayer with an audible voice ; the People also Kneeling and repeatini^ it with him ; "Our Father which art in Heaven," &c. Then likewise he shall say : "O Lord, open thou cnir lips," c\:c. Here all Standin^^ up, the Priest shall say : " Glory be to tiie F^ither," &c. Then shall follow the Psalms appointed. And at the end of every Psalm throuj^hoitt the year, and likewise at the end of the Benetlicite, Heiiediclus, Ma,;,'niticat and Nunc Ditnittis, shall be repeated : " Glory be to the F'ather," &c. Then shall he read distinctly, with an audible voice, either the First Lesson taken out of the Old Testament as is appointed in the (Calendar, or the Seco)id Lesson taken out of the New Testament, except there he a Proper Lesson ass!f:;ned for that day, in which case the proper J.esson shall be read, and if there are two Proper /wessons, each shall be read in its proper place ; he that readelh so Standinj^ and turning himself as he may best be heard by al! such as are present. Note. — That before every Lesson the Minister shall say : " Here be!:jinneth " (such a chapter or such a verse of such a chapter of such a Hook.) — 220 — After every Lesson. " Here eiuleth " the Lesson, or the First or the Second Lesson. And after the Lesson, shall be said or sunf:j in Knjjlish the following : Either the Hymn called " Te Deum Laudamus," " We praise Thee, O God," ike. ; Or this Canticle, lienedicite, omnia opera. " O all ye works of the Lord," &c. ; Or the Hymn following (except when that shall happen to he read in the Lesson for the day, or for the Gospel on Saint John the Baptist's Day) ; Benedictns, St. Luke i, v. 68. " Blessed be the Lord God of Israel," &c. Or this Psalm. Jubilate Deo, " O be joyful in the Lord all ye lands," &c. Then shall be sun^ or said the Apostles' Creed by the Minister and the People dandin^, except only on such days as the Creed of St. Aihanasius is appointed to be read. After that, the people all devoutly Kneeling, the Minister shall pronounce with a loud voice : " The Lord be with you." Answer. — "And with Thy spirit." Minister. — Let us pray. Then the Priest shall say : " O Lord, shew Thy mercy upon us," &c. —230— Then shall follow three Collects. The first of the Day, which shall he the same that is appointed at the Commun- ion : the second for I'eace : the third for Grace to live well: and the tu'o last Collects shall never alter, hut daily lie said at Morninf^ Prayer throuf^hout all the j ear, as Jollou'cth, all kneeling. The second Collect, for Peace. " O Lord, who art the author of Peace," &c. The third Collect, for Grace : " O Lord our heavenly Father," &c. Here may follow an Anthem or Hymn : Then these two prayers folio-wing : A Prayer of Saint Chrysostonj. " Almighty God, who hast {,'iven us tjruce," &c. 2 Cornilhitiits, Mil, V. 14, " The ^'race of our Lord Jesiis Clirist," &c. Here iiiih'th the Shortetied Order of livening t'rayfr. CANON XIII.-OF ALTICKATIONS OR ADDI- TIONS IN PRAYER BOOK AND VER- SION OF SCRIPTURES. Adopted 8th Session, 1874. No alteration or addition shall be made in the Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church, the Articles of Religion, or the Form and Manner of makinp;, ordaininp^ and consecrating,' Bishops, Priests and Deacons, or the Version of the Scriptures authorized to be read in Churches, un- less the same shall be enacted at one session of the Provincial Syncd and confirmed at another session of the same ; provided that the confirmation be ap- proved by two-thirds of the House of Bishops and two-thirds of each order of the Lower House. Nevertheless, any alteration in or addition made to the Prayer Book or Articles by the Church of England in her convocations, and authorized by Parliament, may be accepted for use in this Eccles- iastical Province by the Provincial Synod at one session only, without the necessity for further con- firmation. --5J4- CANON XIV. -Ol' THE OATHS AN'D SUH- scuii'TioN OF riii: clickc.y. Adopied t)th Session, 1877. ICvery person about to be ordained Priest or Deacon shall, before ordination, in thi; presence of the liishop by whom he is to l)e ordained, and every person about to be licensed to any curacy, or to be instituted to any benefice, shall, before obtaining such license or beinj,' so instituted, make and sub- scribe the following' declarations and take the fol- lowing oaths : 1. The " Declaration of Assent" so called : " I, (A.B,,) do solemnly make the following de- claration : I assent to the Thirty-nine Articles of Religion and to the Book of Common Prayer, and the ordering of Bishops, Priests and Deacons ; I believe the doctrine of the Church of England as therein set forth to be agreeable to the Word of God, and in Public Prayers and administration of the Sacraments I will use the Form in the said Book ^.resc bed, and none other, except so far as shall be ordered by lawful authority." 2. The declaration of Submission to the Canons of the Provincial and Diocesan Synods as required b> Canon II of the Canons of this FZcclesiastical Pro- vince in the following terms : " I, (A.B.,) do willingly subscribe to and declare that I assent to and abide by the Canons which have been, or shall be, from time to time, passed by the Provincial Synod, or the Synod of the Dio- cese of 3. The Oath of Allegiance : — 2J5- " I, (A.M.,) do swear that I will he. faithful ami Itcai trwr allcijiaiirL' to Her Majt'sty ytiocii N'lctoiia, her i)t;irs and successors, according,' to law. So lu.lp nie Ciod." 4. The Oath of Canonical Ohedicnce ! •' I, (A.B.,) do swear that I will pay true and Canonical ohcdiciicc to the Lord Hishop of and his successors in all lej^al and hotiest cotjiniands. So help me God." [No oath shall he administered during the service for the orderinj,' cf Deacons, or during the service for the orderiii',' of I'riests, or duriiif; the service for the consecration of Hishops.] Before institution to any Henefice, the persons to be instituted shall subscribe the followinfi; Declara- tion against Simony: *' I, (A.B.,) solemnly declare that I have not made by myself or by any other person any payment, con- tract or {)romise of any kind whatsoever which, to the best of my knowledge or belief, is simoniacal, toXiching or concerning the obtaining the preferment of ( \ nor will I at any time hereafter per- form or satisfy in whole or in part any such kind of payment, contract or promise made by any other without my knowledge or consent. CANON XV.— OF THE CONSECRATION OF A BISHOP. Adopted qtb Session, 1877. Amended 14th •' 1889. I. Whenever an election is made by any Diocesan Synod within the Ecclesiastical Province of Canada of a person to fill the office of Bishop, the chairman, or in the case of his death, incapacity, absence, or refusal, the clerical secretary of the said Synod shall transmit a certificate of such election to the Metro- politan, within seven days after the election. 2. Such certificate shall be in the following form : " We, the Clergy and Lay Representatives of ' the Diocese of in Synod assem- bled, do hereby certify that at on this day of A.D (A.B.,) of the Diocese of was duly elected, according to the Canons of this Dio- cese, to be Bishop of Signed on behalf of the Synod, Chairman. Secretary or Secretaries. 3. On the receipt of this certificate, the Metro- politan shall, within seven days, send formal notice of such election to all the Bishops within his Eccle- siastical Province. 4. Should any of the said Bishops desire to object to the consecration of the person so elected, on the ground of canonical disability, as hereinafter defined, he shall make the objection in writing, delivered to the Metropolitan within fourteen days from the date of said notification to him of such election, setting forth the special grounds of his objection. 5. On the receipt of such objection in writing by the Metropolitan, or in case the Metropolitan him- self object to such consecration, he shall summon the House of Bishops to meet within one month to consider.such objection, giving not less than fourteen days' notice of the time and place of meeting; it shall be the duty of every Bishop so summoned to attend unless he be excused for reasonable cause, to — 2J7— be approved by the Metropolitan ; and ihe Metro- politan shall send by post a true copy of such objec- tion to the person so elected, at least twenty-one days previous to the meeting referred to in this section, and shall also notify liiin of the time and place of meeting. 6. The House of Bishops, having heard the person so elected, or having given him every reasonable facility for appearing before them in person, or by counsel, or by proxy, if he be so minded, as well as the Diocesan Synod by its representative duly ap- pointed, if the said Diocesan Synod shall express its desire to be so heard ; and, having heard the reasons in support of the said objection, shall decide as to its validity or otherwise, and their decision, with the reasons therefor, shall be communicated in writing without delay to the person so elected, and to the secretary of the Synod which elected him. 7. Thereupon, if the majority of the Bishops of the Ecclesiastical Province determine that the ob- jection is canonical and has been sustained, the Synod of the Diocese aforesaid shall proceed to the election of another person to fill the office of Bishop. 8. Should no such objection be made within the period specified or after objection made, should the same not be sustained by the majority of the Bishops as aforesaid, the .Metropolitan shall, with all can- venient speed, proceed to the consecration of the said person so elected, and to that end shall sum- mon two or more of the Bishops of this Ecclesiasti- cal Province to assist him in such consecration ; and it shall be the duty of such Bishops to attend at such time and place as he, the Metropolitan, shall appoint, and to assist in the consecration of the said person elected. g. Before proceeding to consecrate, the Metro- politan shall cause to be read publicly in the church, —238— where the consecration is held, a duly attested cer- tilicate of the election of said person to the office ot Bishop, and that no canonical inipediinent to his consecration exists, which shall thereupon be given in for record- TO. No Bishop who shall have made any Canoni- cal objection as aforesaid, or who shall have voted in favour of such objection, shall be required to take part in such consecration, and if the Metiopolitan shall have made such objection, the Senior liishop of the Ecclesiastical Province, not having so object- ed or so voted, shall perform tlie duties of the Me- tropolitan referred to in section 8 of this Canon. II. The following objections shall be considered canonical and none others: — 1. That the person elected is not fully thirty years of age. 2. That he is not i Priest in Holy Orders of the Church of England, or of some Branch of the Church in full communion therewith. ]. That he is deficient in learning. 4. That he has either directly or indirectly secur- ed, or attempted to secure, the office by improper means. 5. That he is guilty of any other crime or immor- ality. 6. That he teaches or liolds, or" has within five years previous to the date of his election, taught or held anything contrary to the doctrine and discipline of the Church of England. 12. The Bishop elect shall, previous to his conse- cration, or if already a Bishop, previous to his in- stallation, subscribe a declaration of submission to —239— the Canons of the Provincial Synod in the form prescribed by C non II. 13. If a person sliall be elected Bishop of a vacant Diocese who has been previously consecrated a Bishop of the Church of England or of any branch uf the Church in full communion therewith, the said election shall be notified to the Metropolitati as hereinbefore provided, and the Metropolitan shall proceed, as in the case of the election of a person in Priest's Orders, except that when no canonical ob- jection has been received within the period limited for enterinj^ such objections, or when such objections shall have been heard and rejected by the House of Bishops, the Metropolitan, instead of proceeding,' to the consecration, shall issue a certificate to the Bishop so elected, and to the secretaries of the electinf^ Synod, that there is no canonical impedi- ment to the installation of the said Bishop. 14. In all cases when the Bishop elected has been duly consecrated, or a certificate has been furnished by the Metropolitan, as before provided, the said Metropolitan ihall, either by himself or by some person duly commissioned to act on his behalf, formally instal the said Bishop elect, inducting him into the actual possession of his See. 15. In case there shall be no Metropohtan, or in case he shall be incapable of performing the duty in this Canon assigned to the Metropolitan, this duty shall be performed by the Senior Bishop of the Province, and in case of his absence or incapacity by the next in seniority, and so forth. 16. A majority of the Bishops of the Ecclesiasti- cal Province shall constitute a quorum for the hear- ing of objections to the consecration of a person elected to the office o. Bishop. — 240 — CANON XVI.— ON MARRIAGE WITHIN THE PROHIIilTED DEGREES. Adopted loth Session, 1880. Whereas the following Resolution was adopted by the Provincial Synod : " No clergyman of this Ecclesiastical Province shall knowingly solemnise a marriage forbidden by the 99th Canon of the year 1603 A.D., which is as follows : ' No person shall marry within the Degrees prohibited by the laws of God, and expressed in a Table set forth by authority in the year of our Lord God 1563""; I. The Table of Degrees prohibiting certain mar- riages set forth by authority in the year of our Lord 1563, and usually annexed to the Book of Common Prayer, is hereby adopted by the Chinch of this Ecclesiastical Province of Canada. IL No clergyman of this Ecclesiastical Province shall knowingly "olemnize a marriage within the degrees prohibited by such Table. III. A printed copy of the Table of Prohibited Degrees shall be placed in tUe \'estry-room, or near the entrance of every Church in this Ecclesiastical Province, at the charge of the parish, in some place where it may conveniently be read. — 241 — CANON XVII.— OF LAY-KEADERS. Adopted loth Session, 1880. Lay readers may be employed in any parish or mission under the following ccjiiditions : — The lay reader shall be selected by the Rector or missionary in charge, and shall be recommended by him to the Bishop for his license. The Bishop, having satisfied himself that such person is fitted by reason of his religious character and his knowledge of the Bible and Prayer Book for the office, may license him as lay reader in the form hereto subjoined, and shall, where practicable, admit him, in person or by deputy, to his office in the presence of the people among whom he is to serve. We, by Divine permission, Bishop of do by these presents grant unto you, our well beloved in Christ, in whose good morals and sound doctrine we do confide, our Li- cense and Authority to perform the duties of Lay Reader and Catechist, in the Parish or Mission of , under the guidance and direction of the Reverend , the Minister in charge. This L icense to continue during our pleasure, or until the said Reverend shall signify to us and to you in writing under his hand that he no longer desires to avail himself of your services, wlien it shall cease and determine. Given under our Hand and Seal, this day of in the year one thousand eight hundred and and in the year of our consecration. — 242 — CANO' XVI II. —OF THI-: DIAC:ONATi:. Adopted lotli Session, i8So. A Deacon need not snrreiuler In's worldly calling or business, (said calling,' beiiij,' approved by the Hish( p,) unless he be a candidate for the otHce of a Priest, and he shall not be admitted to the Priest- hood till he shall have passed a satisfactory exam- ination in Latin and Greek, and have further com- plied with such other requirements as the Bishop of each Diocese may impose. Every Deacon who shall, from necessity, be placed in charge of a parish or mission shall be under the direction of a neighbouring Priest until he be ad- vanced to the Priesthood. CANON XIX.— ON THE CONSTITUTION OF THE DOMESTIC AND FOREIGN MIS- SIONARY SOCIETY OF THE CHURCH OF ENGLAND IN CANADA. Adopted i2th Session, 1883. Art. I. — This Society shall be called The Domes- tic and Foreign Missionary Society of the Church of England in Canada. Art. II. — This Society shall consist of all persons who are members of this Church. —-'43— Akt. III.- -The Society shall be under the control of a (iKNMRAi. Hoard of Missions, consistinj,' of the Hishojis of this Ecclesiastical Province, and the Clerical and Lay I)elef>fates for the time beinj,' of the Provincial Synod, toj^ether with the Hoard of Managetnent as hereinafter described. On the third day of each triennial session of the Provincial Synod the business of the Synod shall be suspended to allov/ the business connected with this Society to be transacted. Art IV. — There shall be a Hoard of Manaf,'enient which shall consist of all the liishops of this Eccle- siastical Province and the Secretary and Treasurer of the Board, mcmhera ex-officiu, toj^'ether with two clergymen and two laymen from each Diocese, to be appointed by the (General Board on the nomina- tion of each Diocesan Synod, which nomination shall be made by such Synod at the meeting next preceding the triennial session of the Provincial Synod, and this Board shall have as far as possible the collection and administration of the General Missionary Funds of the Church (subject to the pro- visions hereinafter set forth), and shall remain in office until their successors are appointed, and shall have power to fill any vacancies thr.t may occur in their number. Eight members shall constitute a quorum. This Board of Management shall, when the General Board is not in session, exercise all the powers of the General Board, and shall report to the General Board of Missions on or before the third day of such triennial session of the Provincial Synod. The Board shall meet at such times and places as they shall think fit. Art. V. — The Board of Management is authoriz- ed to appoint such Committees as it may deem desirable, and such officers as shall be needful for carrying on its work, and may frame such rules and regulations (not inconsistent with the Constitution —244— and Canons of tlie Provincial Synod) as may be necessary for the transaction of its business. Art. \'I.--It is recommended tliat the fimds col- lected in the several Dioceses (ov Mission work under this Canon be sent in to the B(iard, and the appropriations thrrefrom on behalf of Domestic Missions shall be made in j^ross to be disbursed by the local authorities of Dioceses to which such ap- propriations shall have been made. Appropriations on behalf of Foreif^'n Missions shall be to the Creat Missionary Societies of the Mother Church in England, or in such other manner as the Hoard of Manaj^ement may direct, provided that contributions specially appropriated shall be paid in strict accordance with the wishes of the donors. Nothing in this Canon, however, shall be held in any wise to interfere with or affect the several Diocesan Mission Funds or with any other existinj; agreements made by any Parish for special missioiary aid. Art. V'II. — In connection with the Board of Management there shall be in each Diocese of the Province a Corresponding Committee, or Board of Missions, to be constituted as such Diocese may determine, who shall report all statistics and other information relating to the general purpose for which the Society is organi;;ed. The Diocesan Boards of Missions, as at present constituted, shall be the Corresponding Committees or Boards, until other Committees or Boards shall have been appointed under the provisions of this Canon. The first Board of Management shall be appoint- pointed by the Provincial Synod at this Session. -245- CANON XX.— ON TlIK KHI'HESKNTATION OF TH1-: MISSIONARY DlOCESl-: OF ALGOMA. Adopted ijlli Sessiun. 18H6. Confirmt'd 14111 " t88g. The Missionary Diocese of Alf,'oina shall be re- presented in the Provincial Synotl hy two Clerical and two Lay Dele{j;ates, and for the purpose of elect- ing such Delegates, the following regulations shall be adopted : — 1. On or before the first day of May, in the year 1891, and in each third year thereafter, the Bishop of Algoma shall appoint two scrutineers, one of whom shall be a priest having a cure of souls in the said Diocese, and the other of whom shall be a lay- man resident therein and a communicant, and such scrutineers shall hold oflice until their successors are appointed. 2. The scrutineers shall, at as early a date as pos- sible after their appointment, issue voting papers, one for the election of two Clerical Delegates, to be sent to each Clergyman in charjje of a Parish or Mission in the Diocese, and one for the election of two Lay Delegates, to be sent to each Parish or Mission in the Diocese regularly constituted by the Bishop, such last mentioned voting paper to be transmitted to the Clergyman in charge of the Parish or Mission. 3. Each Clergyman, who is so qualified to vote, may enter on his voting paper the names of any two Clergymen resident in the Diocese, whose election as Clerical Delegates he desires, and may transmit — 246— his votinpf paper so filled up and after he has signed it, to the scrutineers, at such time as will be suffi- cient to allow of its receipt by them on or before the rtrst day of September in the year of its issue. 4. ICach Clcrf^'ymaii to whom a v;)tiiif,' paper or voting papers are transmitted for the Parish or Mis- sion, or Parishes or Missions of which he is in char{,'e, shall call a meetinj,' of the Lay com.muni- caiitsofeach Parish or Mission t(jr which he has received a votin/,' paper at such time as lie deems most convenient in each case and best adapted to ensure as larj^'e an attendance as possible of those wlio are entitled to take part in the proceedinj^'s, but so, nevertheless, as to admit of the receijjt of the voting paper by the scrutineers, as hereinbt:fore pro- vided in respect of voting papers for Clerical Dele- gates. In case of the absence of a Clergyman from any cause, the Hishop shall be empowered to make such arrangements as may be necessary to give effect to this clause. 5. The Clergyman shall preside at the meeting, but shall not have any vote thereat. In the absence of the Clergyman, a Ciiairman shall be elected by the meetinr. 6. The meeting shall proceed to select, by a ma- jority of the votes of those present, and entitled to vote, the names of two Laymen whose election as Delegates they desire, and the Chairman shall till up the voting paper accordingly. He and at least two of the persons present at the meeting shall then sign the voting paper, which shall forthwith be sent by the Chairman to the scrutineers. 7. Every voting paper shall be sent to the scru- tineers in a sealed envelope. 8. As soon as possible after the first day of Sep- tember in the year of election, the scrutineers shall —247- to^ether uxamitie the voting papers wliich they liave reccivcfl, and shall prepare a hst accorilinj,' to the nuinber of votes cast of tlie four C'lorf^'ytiieii who have received the hi;^'hest number of votes according to the voting papers for Clerical Delegates, and a similar list of the four I^aymen who have receiveil the hif,'hest inimher of votes according to the voting |)apers received from Parishes or Missions. The two jiersons whose names are the highest on each list shall 1)6 Clerical and Lay Delegates respectively to the Provincial Synod, and the remaining two shall be substitutes to attend, in their order, in the event of inability on the part of any Clerical or Lay Delegate to attend, as the case may be. (). In the event of an eriuality of votes, the Cleri- cal Scrutineer as respects Clerical DeUigates, and the Lay scrutineer as respects Lay Delegates, shall have a casting vote. lo. The Eiishop of Algoma may, if he thinks tit, be present at the examination of the voting papers. II. Immediately after the voting papers have been examined by the Scrutmeers, they shall draw up and sign a report certifying the names of the Clerical and Lay Delegates and Substitutes elect- ed. Such report shall be countersigned by the Bishop of Algoma, and shall be by him transmitted to the Secretaries of the Provincial Synod. The Scrutineers shall also transmit to each Delegate and to each Substitute called upon to act, a certificate under their hands, of his election. 12. The Delegates, and in their absence, the Sub- stitutes who are so certified as elected, shall have the like right to sit and vote at meetings of the Pro- vincial Synod as Clerical and Lay Delegates from Dioceses other than that of Algoma. —248— ij. Macli Uclt'f,Mtc iiiul Substitute shall n.iiiaiii 111 office for three years from the dale of his election. 14. Any vacancy in the office of a Scrutineer may be tilled for the unexpired part f)f the term in the manner hereinljefore provided for an original ap- pointment. 15. \V)tinj,' papers may he in tin; forms hereto subjoined, or in any other form to the like effect : —249-- Diocese of Algoma — Provincial Synod. EUction of Clerical DiUgnU, No, Names oi persons lor whom vote is given. Dute. Signature. DiocESK OF Ai-r.oMA — Provincial Synod. Election of Lay Delegate. No. I 2 3 4 Date. Names of persons for whom vote is given. Signature of Clergyman. Signatures of two persons present at the Meeting. iNi)i:x. A. rA(,K. Accounts of Synod Mode of Keeping 15, 22, 2 <, 24 /Mgoma Bishop of 82 " Stipend of fit " Diocese -Representation of in I'rovincial Synod 243 Alteration t>f Canon F'roceediii^js for 8 " of Services f)t Church 224 in I'rayer Hook ;jnd Scriptures 23J AmtMidinent of (^aiion liow Ivf/ected 8 " to Montion Kules as to 11 Appeal from I>ioci:san ( 'ourt do Appeal Metro|)olitan ("ourt of 215 Assessment of Parish Payment of j, 4 " of I'rovmcial Synod How I 'aid 2O Assessment Fund I'rovisions as to '25, 26 Auditors of Synod Appointment of 21, 24 " " -• -Quaiihcations of 21 •• " Statements to he j^ivcn toby Clerical Secretary.. tf) " '• Keport of 2.5, 24 " Payment of 24 Audit and Accounts Committee- Duties of 22 " " " Election n{ 22 '• " " -(juorum of 24 B. Hank for deposit of Synod mon*;ys >5. 23 Hefpiests I'orms of 1H3 Births Kegistration of 145 Hishop— Klection of 4*^-40 " Member jf Synod • " - (Concurrence of reiiuired in Act or Resolution of Synod 7 Appoints Committees 7 l''ills Vacancies 7 " Is Head of Synod '22 " --Trial of 2«f' " Consecration of 234 " - Mi.ssionary 222 " Presiding Canon Respecting .S3 —252— I'AGE. Board of Missions- Hxpenses of Delegates to 82 Hoard of Kural Deans 78 BuryitiK Grounds Title of in Whom Vested 94 " " — Possession .of 94 Business of Synod- Order of 8, 9 C. Cannons of Synod Alteration of 8 •' " Final Passing of 8 " " — Engrossment of 8 " " —Sealing of « •' " — Signature of 8 " " — li'.terpreta'ion of 74 " " — Repeal of Existing 74 •' " —Construction of ... 75 Certificates of Election of Lay fecting. 37, 38 Vic. Imp. ch. 77 1G7 " —Oaths atid Subscriptions of 234 " Submission of to Canons 208 Clergy Trust Kund — (.'ommittee on 30 " — Management of 3O1 3I1 32 " —List of Annuitants on 32. 33 Clerical Secretary- Officer of Synod 7 " •' - How Fleeted 7 •• " — Duties of '. 9. 15 •• " to Take Charge of Securities 16 " " to Call Hoil of Clergy 9 " " --Security to be f riven by if>, 78 " " — Salary of, whence payable 26 " —Salary of, amount of if), 78 Co-Adjutor Bishop Member of Synod i Collections at < )pening of Synod 8 " — ( ! nauthorized 74 " — Deductions from forbidden 83 -Received after close of year 83 Committees How Appointed 7, 9 " Standing 7 " —Members of to continue until successors appointed 7 " - Vacancies to be filled by Bishop 7 " on Certificates of Delegates 8 " ~ Reports of 9 " —Proceedings of to be recorded 15 " — List of ig " — Meetings of . 19 " —Duties of 19, 20 to Elect Chairman 20 " to Make Kules and Regulations 20 " — y uorum of, for business 20 " — Ex-(Jf!icio Members of 20 " )n Domestic and Foreign Missions 29 '• on Episcopal Fund , 30 " on Clergy T rust Fund 30 " on Widows' and Orphans' Kund 34 " on Superanuation Fund 38 • " on Divinity Students' Fund 39 I'AGK. Committees on Kingston Keclory 44 " on 1 )epository . ... 46 " on Slate of ("hurch 47 Provisional (.'liairmaiisliip of ly, 20 Commissioners for Trial of ("lerKymen -Uiily of 55 ("oiiferencc Resolution of Kespecfini.; Diocesan 84 ( "onsccration of Hisliop 234 Consi(J(.'ration of Motions 9 Constitution of Synod 1 of Provincial Synod 193 Contested .Seats in Synod 12, 13 Conveyances—Forms of 176 Correspondence Keading of 9 Costs - Security for 55 Court of the Diocese 53 Court for I'rial of Right to Seats in Synod 13 Custody of Deeds 18, 66 of Parish Registers 67 D. Deacons Licensed Members of Synod i " —Canon on 52 Deaths Registration of 145 l^eeds ot Synod —Mode of Executing 14 Deeds of Church Property— Custody of 18, 67 Deceased Members o( Synod lie.solution Respecting 80 Deductions from Collections not allowed 83 r»elegates to Provincial Synod When Elected 9 " 50, 51 Delegation of Powers of Executive 21 " of Synod to Committee Authorized 122 Depository -t'hurch Book 46 Diaconate- Canon on 52, 242 Diocesan Synod - Act Authorizing 114 " " — Court of 53 Dioceses — Sub-division of 48, 49, 221 Discipline - Canon on 53 Ivivinity Students' Fund ('anon on 39 " " " -Conditions of Grant 39 " " " — f'ollections for 82 Domestic and Foreign Mission Funds 28, 29 Domestic r>nd Foreign Miss'onary Society- Canon on 242 Duties of (Officers of Synod , 15* —255— E. Pagh l^lertion of Delegates to I'rovincial Synod 9, 50, 51 " of Members of Mission Hoard y of Hishop 48, 49 " of Metropolitan Bishop 207 Endowment of Parishes 72 Episcopal Fund 30 " " --Committee on 30 Erection of Church buildings 7 j Evidence on Trial of Clergyman Mow Taken 60 Execution of Deeds of Synod -Mode of 14 Executive Committee— Constitution of 20 " " —Quorum of 20 " " — Auditors Appointed by 21 " " — Powers and r)uties 01" 21 " " — Delegation of Powers of 21 Expenses of Delegates to Synod to lie borne by Parish G " •' to Hoard of Missions 82 " of Synod -Provision for 25, 2G • F. Fees of Registrar 18 " for Certificate of Parish Register 63 '• for Burial Plots 63, 99 ' ' on Marriages 99 " on Baptisms 99 F-inance Committee — Appointment and Duties of 25, 2G F"iscal Year -Termination of 24 F'orms of Conveyances 17G " of Bequests 183 of Trusts 184 Free Churches — Vestries of 62 G. General Pis'^pose Fund 45. 46 " •' " to be managed by Executive 46 Guarantee of Clerical Secretary— Premium on -How paid 26 I. Income of Rectors limited 130, 131 Incorporation of Church Societies— Quebec and Toronto 106 of Synod of Ontario 117 Insurance of Parsonage 6g -256— pACt. liit».-rpretation of Canon 74 Invt'stment of Synod Funds 22 Investment Committee Duties of 16, 22 " " — Appointment of 22 " " —Quorum- of 22 Journal of Synod — Publication of 15 Kingston Rectory- Surplus Income of 4345 " " - Fund Committee on 44. 45 Lay r* " -How Dealt With 15 • ." " — Account of 15 " " — Deposit of in Bank 15 " " -Investmeat of 16 Mortgages of Synod — Custody of 16 Mortgaging Church Lands Authorized 129, 133, 134, 142 Mortgaging Churches— Resolution Respecting 83 Mortmain Acts -Provisions of Church Temporalities Act Pespecting. .99, 100 Motions to Susf)end Rules of Order 12 " — Notices of 9 " — Consideration of 9 Mountain Memorial Canonry —Resolution Respecting 80, 81 N. Notice of Motion— Giving of 9 Notice of Meeting of Synod 16 " " " Contents of 16, 2V o. Pack. Oaths and Subscriptions of Clergy '■'34 Ofleiices for whicli Clergymen are Triable 54 Oftertory at ('hristmas 73 Othcers of Synod Who are 7 " — How Klected 7- ** " " yualific.-itioii of 7 ■• " Vacaiicii!S Killed up by Hishop 7 Duties of «5 Opening of Synod S Order of Proceedings at Synod 8 " of Business at Synod Kules of lo " — Questions of, how decided 1 1 " of Proceedings at Provincial Synod 19O1 '^^'o Organist— How Appointed 66, 99 Organization of Synod 77 P. Parishes -Assessment of 25, 36 --Formation of 70 " — Boundaries of 70 " — Division of 71 " — Endowment of 72 Parish Registers Custody of 67 Parsonager, Canon Respecting 67 " - Repair of 68 " —Improvement of 68 " —Insurance of 69 " — Occupation of '7 Patronage of Rectories 50 i'ayments of Synod- -Must be Authorized by Executive 21 " " —How made ? 23 Pews — How to be Leased . , 65 " -Sale ol Prohibited 66 " Rents of Fixed by Vestry 65 Pew- Holders— Rights of 96, 97 Powers of Metropolitan 209 Prayer book— Alterations in 233 Priests Licensed by Bishop Members of Synod t Proceedings — Order of 8 " for Trial of Clergyman 55 Prohibited Degrees-Marriage within 240 Protest not Allowed on Minutes cf Proceedings ij -250- Paoe. Provincial Syiinii I iclcgatcs tu \V lit-ii I'.U.'cttNi 9 " I'^lectiun. of Delt.fjates to 50,51 '• " Act AiithoriziDR Formation of 114 •' •' --Declaration of i.-ir(l of 78 " -Duties of 82 " " — Instructions to mo m '» Salaries of DHicials 77 Salary of Clerical Secretary 78 Sale of Church I-ands Authorized 121, 135, 142 Scand.'d in t'oiinei-tion with Clergymen 54 Scriptures Alterations in 233 Seal of Synod 14 Seats in Synod How Contested 13 Securities of Synod - Custody of i(> Security to be (Jiven by (Clerical Secretary iC, 7'^ Service of Church - Alteration of 224 Service— Short I'orm of 225 et seij Sexton -How Appointed »iO, 99 Short Form of Service 225 et seq Sittings in Church- -How Leased 65 Statistics- Canon on 46, 47 Statutes See Table of Contents where a list of them appears in full. . Statutes AflectiiiK Kcclesiastical Rights List of 174 Strange Clergymen Officiating 222 Sub- Division of Diocese 48, 49 Submission of Clergy to Canons 20K Superannuated Clergy Members of Synod 1 Superannuation Fund 37. 38 " " — -Adminirtration of 38 Sunday Schools - Resolution Respecting 79 Suspending Rules of Order— Motion for 12 Sustentation Fund —Interest of goes to Mission P'und 27 Synod of Ontario -Constitution of i " " — Membership of i " " — Organization of 7 " " - Time and Place of Meetings of 7 Page, Synod of )iilario Mt'i-liiiKs of ('ailed by Hishop 7 (Juoriim of for Husinuss 7 " " -Opening of 8 " " -Collection at h " " to Im! Opcnud with I'rayer 9 " " Act IncorporatiriR 117 " " -Howers f liven to ii-f t:t fUi(\ " " I ''ilfxation of I'owersof I'roviilrd for 122 " /*ct KxtendiriR Powers 128 " " Seal of 14 T. Temperance Society Kesolation KespectinR Si " " (Committee on 81 Testimonial Letters 220 Title of Chiircli Property I low Vested 04 Treasurer of Synod Oliicer of Synod 7 " " How Klected K '• '• —Custody of Securities 16 " " — Duties of 17 •♦ " — Ex-()fficio Memb«!r of Executive Committee, to Sign Chc<|ues 17 Trial of Mishop 210 Trial of Clergymen 54 toCi Trusts Authorized by Church Temporalities Act . . . . • 104 " " liy Act Incorporating Church Societies 113 — I'Vjrms of iS^ V, Unauthorized Collections 74 Unfinished f^usiness Taking up y •' " Dropped from Order Papers 77 Vacancies in Committees or Officials to be Filled up b> Bishop 7 Vestries Canon on 61 " — W ho are members of 61 " of I'^ree Churches 62 -Organization of 62 " —Chairman of 62 ■' --Clerk of 62 " Held on Easter Monday 62 " —Notice of Meeting of 62, 63 —Duties of 63 — 262 — Paor VcstritiS SiKM-ial MceliiiK of ^3 " ■ Powers f)f 63 " Appointment of ('hu^chwar(lpn"t at 64 Vestry Trovisions ot Churcli Tcm|Mjralities Act Uespecting >)•{, «J3 Vestry Clerk How Appointed ^»6, 09 Votes for nr axninst Motion may he Kecorded U Voters for Lay Kepresentativer, (,,)ualituation of a '* " " KPKistration of , 3 '• •, " — Oeclaration by a " " •' to V'cite Only in one CongreKation. . . . a Voting on Motion in Synod — How (Jonducted it W. Widows and Orphans Fund J4-37 ¥. Year — Fiscal— Termination of 34