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Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est filmd d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mithode. rata o )elure. □ 32X 1 2 3 1 2 3 4 5 6 P!^<>' i;ViiUU--J,-_ji!5sas 0^^-ro:jf s OF Tifi? 'tH "IVlTH i(t< «f l^tetRt Pdbti .•: i; ♦ *' i*«'isiii . * .»j^ii!f)f.Mnt^ AND . ^ ^'^^ OF GE^ .,>! f. ■ 4 *. ■mu^' s 't^' ^iM^^^^^MK^ - -' v^ . i ^i fe > * ■)■ • ■ ,■ i ' » ^ ■ % ■ " ' , " ' | l I • i»< DIOCESE OF ONTARIO. '^■.»>'',,^-: Lord Bishop: Thk Bight Reverend J. Travers Lewis, D.I).,LL.D. Dean of Ontario: The Very Rev. James Lyster, LL.I). Arolideaeoil of Ontiirio : The Venerable Henry Patton, IXC.L. Clianeellor of tlie Dioeeie : James A. Henderson, Q.C., D.C.L. RefrlMtrar: Charles E. Gildersleeve, Esq. Clertisal Secretary: The Reverend Thomas A. Parnell. iMf Secretary : Robert V* Rogers, Esq. ; '-1- f >--7»"!»' '.v'"'-*;irr'v.*;' gg g.,!. I ..,. , « m C ANO J^S av"/' ,^ OF THE SJtfflr of \\i ^mm %i Mim, WITH Stfs of |adian«tt{ petting fekisstid |i3|is AND FORM OF GRANTS, BEQUESTS AND TRUSTS FOR CHURCH PURPOSES. -i Published by authority of the Synod. KINC^STON: PRINTED AT THE DAILY NEWS OFFICE 1873. ' ri\ M^\^\S■'^^ '^1 n /•• •. I . 1 . !■ .;, i(. ?' ^', c. I / ,.?■■!. rf'f r %tiB of ^parliament nlatiug to t^t C^urc^, §pobs, t^c. CHURCH TEMPORALITIES ACT. 3 Victoria, e, 74. (Boyal Assent promulgated 3rd December, I84I.) . . "WHEREAS it is desired on behalf of the United Church of England and Ireland, in the Province of Upper Canada, that provision should be made l)y law for the internal management by the members of the said Church of the temporalities thereof, and also for allowing the endowment thereof, and it is just and expedient that such provision should be made, Be it therefore enacted by the Queen's most Excellent Majesty, by and - ith the advice and consent 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 Parlia- ment of Great 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," and by the authority of the same, That from and after the passing of this Act, the soil and freehold of all Churches of the communion 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 appointed as hereinafter is mentioned, by whatever title the same may now be held, whether vested in Trustees 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 : Provided always, that nothing herein contained shall extend to aflfect tlie rights of any other Church or body of Christians to any landed property or Church now erected, but that the same shall remain as if this Act had not been parsed. ." W ,' MIJj J' O O i? q n; u> V> O i II. A7id be it further eiutded by the anthority aforesaid, That all peW- holders in such Churches, whether holding the same by purchase or lease, and all persons holding sittings therein by the same being let to them by Churchwardens, and holding a certificate from the Church- wardens of such sitting, shall form a Vestry for the purposes in this Act mentioned and declared. III. And be it further enacted by the anthority aforesaid, That a meeting of such Vestry shall be holden on Monday in Easter week, in each and every year, after due notice thereof given during Divine Service on the morning of Easter Sunday, for the purpose of appointing Churchwardens for the ensuing year ; and that at such meeting one Churchwarden shall be nominated by the Incumbent of the Parsonage or Rectory to which the said Church belongs, and the other shall be elected by a majority of those present and entitled to vote at such Vestry meeting, as aforesaid : Provided nevertheless, that in case of such Incumbent declining or neg- lecting to nominate a Churchwarden, then both of the said Church- wardens shall, for the current year, be elected in the manner aforesaid ; and in case the members of such Vestry shall neglect to elect a Church- warden, then both of such Churchwardens 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 appoint- ment of Churchwardens may take place at any subsequent Vestry meeting, to be called in manner hereinafter provided ; and in case of the death or change of residence to twenty miles or more from any such Church, of either of the said Churchwardens, a Vestry meeting shall bo thereupon called for the election, by the saiil Vestry, of a new Church- warden, in case the one deceased or removed liad been, elected by the Vestry, or for the nomination of a new Churchwarden by the Incumbent, in case the one deceased or removed had been nominated by the Incumbent. . , ;•, IV. And be it further enacted by the anthonty aforesaid, That no person shall be eligible to the office of Churchwarden except members of th^ said Church of the full age of twenty-one years, and who shall also be members of such Vestry. ,■'..' V. And be it further enacted Inj the authority aforesaid. That such Churchwardens shall hold their office for one year from the time of their appointment, or until the election of their successors, except in case of an appointment or nomination to till up any vacancy occasioned by death or removal, as aforesaid, and in such case the person so appointed or nominated, shall hold the said office until the next annual election. ' - VI. And be it further eiuicted by the authority aforesaid. That such Churchwardens so to be elected and appointed, as aforesaid, shall, during I • ♦ their term of office, be as a corporation to represent the int'^rest of such Church and of the members thereof, and shall and may sue and be sued, answer and be answered unto in all manner of suits and actions whatso- ever, and may prosecute indictments, presentments and t)tlier criminal proceedings, for and in respect of sucli Churches and Church-yards, and all matters and things appertaining thereto ; and shall and may, in con- junction with the Hector or Incumbent, make and execute faculties or conveyances, or other proper assurances in the law, to all pew-holders liolding their pews by purchase, or leases to those holding the same by lease, and shall and may grant certificates to those who shall have rented sittings, such conveyances, leases, and certificates, to be given within a reasonable time after demand made, and at the charges of the person apjilying for the same ; and further, it shall be the duty of such Church- wardens, from time to time, to sell, leas , and rent pews and sittings, upon such terms as may be settled and appointed at Vestry meetings to be holden for that purpose as hereinafter provided : Provided always, that any such sale, lease, or renting, shall be subject to such rent cliarge, or other rent, as may from time to time be rated and assessed in respect thereof at such Vestry meetings. VII. And be it further enacted by tlie authority aforesaid, That in case of the absolute purchase of any pew in any such Church, as aforesaid, the same shall be construed as a Freehold of Inheritance, not subject to forfeiture by change of residence, or by discontinuing to frequent the same; and the same may be bargained, sold and assigned to any pur- chaser thereof, being a member of the Church of England, and such pur- chaser, provided the same be duly assigned and conveyed to him, shall hold the same, with the same rights and subject to the same duties and charges as the original purchaser thereof. • VIII. And be it further enacted by the authority aforesaid, That any pew- holder, whether by purchase or lease, and any person renting a pew or sitting, shall and may during their rightful possession of such pew or sitting, have a right of action against any person injuring the same, or disturbing him or his family in the possession thereof. IX. And be it further enacted by the authority aforesaid, That such Churchwardens, so to be appointed as aforesaid, shall yearly and every year, within fourteen days after other Churchwardens shall be nominated and appointed to succeed them, deliver into such succeeding Church- wardens a just, true, and perfect account, in writing (fairly entered in a book or books to be kept for that purpose, and signed by the said Church- wardens) of all sums of money by them received, and of all sums rated or assessed, or otherwise due and not received; and also of all goods, chattels, and other property of such Church or Parish in their hands as 6 such Cluirchwanlena, utuI of all monies paid hy su(;h Cliurohwnrtk'ns so uccouiitiny, imd of all other things conceriiiii^ their said ofliee ; and shall also pay and deliver over all sums of money, goods, chattels, and other things, which shall ho in their hands, unto svich succeeding Church- wardens, which said account shall Itu verificMl by onth before one or more of ller jMajesty's Justices of the Peace, who are hereby authorized to administer the same; und the said Ijook or books shidl be carefully pre- served by such Churchwardens, and they shall and are hereby require*.! to permit any meml)er of such VestrV, as aforesaid, to inspect the same at all reasonable times, paying one shilling for such inspection; and in case such Churchwardens shall make default in yielding such account, as aforesaid, or in delivering over such money, goods, or other things, as aforesaid, it shall bo in the power of the succeeding Churchwardens to proceed against them at law for such default, or to lile a bill in Equity for discovery and relief; and in case of the reappointment of the same Churchwardens, then such account, as aforesaid, shall in like manner as la aforesaid, be made and rendered before an adjourned meeting of such Vestry, fourteen days after such reappointment. X. Arui be it farther enacted by tin' authority aforesakl, That it shall be in the power of the Incumbent of any such Pars(mage, Rectory or Parish, as aforesaid, or of the Churchwardens thereof, to call a Vestry meeting whenever he or they shall think proper so to do, and it shall be his and their duty so to do upon application being made for that puri^ose in writing, by six at least of the members of such Vestry, as aforesaid ; and in case, U]K)n such written application being made as aforesaid, such Incumbent and Churchwardens siiali refuse to call such meeting, then one week after such dcnuind made, it shall be in the power of any six of such members of the Vestry to call the same by notice, to be atlixed on the outer Church door (or (Jluirch doors where more than one) at least one week previous to such intended nieedng. XI. Atid be it further eiMctcd by the authoi ity aforesaid, That in all Vestry meetings, the Rector or Incumbent of the Church snail preside as Chairman when 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 iiresent, or in case there be no Vestry Clerk, or he be absent, then such person as the Chairman shall naniu shall be Secretary of such Vestry meeting; and the proceedings of such Vestry meetings shall be entered in a book to be kept for that purpose, and preserved in the custody of the Churchwardens. XII. And be it further enacted by the authority aforesaid, That the rent- charge to be paid upon pews holden in freehold, and the rent to be jjaid for pews and sittings in pews, leased or rented, shall be regulated from time to time at such Vestry meetings, as aforesaifl ; Provided nevertheless, that no alterations shall bo made therein except at Vestry meetings called for snch special purj)(>8e, and so (.'xprcssed in the notice callinr the samel and further, that the charges to he nitffle in respect of such conveyances, leases, and certificates, shall in like manner bo regulateil at such Vestry meetings as aforesaid. XIII. Atul he it further enacted by the authority aforesaid , That the Clerk of the Church, the Organist, the Vestry Clerk, the Sexton and other sub- ordinate Servants of the Church, shall be nominated and appointed by the Churchwardens for the time being, and that their salary and wages shall be brought into the general account, to be rendered as aforesaid by such Churchwardens. XIV. And be it further enacted by the authority aforesaid, That the fees on marriages, baptisms, ajid other services of the Church of the like nature, and the charges payable on breaking the ground in the cemeteries or Church-yards, and in the said Churches for Ijurying the dead, shall be regulated by the Ordinary, (jr in case of their being no Ordinary, by the Bishop of the Diocese. XV. And he it further enacted by the authority aforesaid. That it shall be in the power of the mcmljers of such Vestries, at such Vestry meetings, as aforesaid, to make by-laws for the regulation of their proceedings, and the management of the temporalities of the Church or Parish to which they belong, so as the same be not repugnant to this Act, nor contrary to the canons of the said United Church of England and Ireland. XVI. And be it further enacted by the authority aforesaid, That any deed or conveyance of land, or of personalty that may be made to anjj Bishop of the said Church, in the said Province, and to his successors, for the endowment of his See, or for the general uses of the said Church, as such Bishop may appoint or otherwise, or for the use of any particular Church then erected, or thereafter to be erected, or for the endowment of a Par- sonage, Rectory, or Living, or for other uses or purposes appurtenant to such Church in general, or to any particular Church or Parish to be named in such deed, and any such deed or conveyance to any Parson or liector, or other Incumbent and his successors, for the endowment of such Parsonage, Rectory or Living, or for other uses or purjjoses appur- tenant thereto, shall be valid and effectual to the uses and purposes in Buch deed or conveyance to be mentioned and set forth, the Acts of Par- liament commonly called the Statutes of Mortmain or other Acts, laws or usages, to the contrary thereof notwithstanding : Provided always, that in order to the validity of such deeds and conveyances, the same shall be made and executed six months at the least before the death of the person conveying the same, and shall be registered not later than six months after liia decease. ■'.I ' 8 XVn. And be it fiirtJier enacted by th^ authority aforesaid, That in the event of any person or ijersons, l)ocUes politic or corporate, desiring to erect and found a Church or Cluirches, and to endow the same with a sufficiency for the maintenance o^such Churcli, and of Divine Service therein, according to tl»e rites of the said Churcli of England and Ireland, it shall and may be lawful for him or them to do so, upon procuring the licence of the Bishop under his hand and seal for that purpos'^; ; and thereupon, after the erection of a suitable Church, and the appropriation by the founder thereof of such Church so erected, and of lands and here- ditaments, or other property adequate to the maintenance thereof, and of an Incumbent, and adequate to the usual and ordinary charges attendant upon such Church, such provision being made to the satisfac- tion of the Bishop, such founder, his heirs and assigns being members of the said Church of England, or such body politic or corporate, as the case may be, shall have the right of presentation to such Church as an advow- son in fee presentative, according to the rules and canons of the said United Churcli of England and Ireland. XVIII. Ai\d be it further etmcted by tlie autlwrity aforesaid, That nothing in this Act contained shall extend, or be construed to extend in any manner, to confer any Spiritual jurisdiction or Ecclesiastical rights what- soever upon any Bishop or Bishops, or other Ecclesiastical person of the said Church, in the said Province of Upper Canada. TRUSTS AUTHORIZED BY THE CHURCH TEMPORALITIES ACT. The Church Temporalities Act in its 16th Section, makes valid any deed, devise, or conveyance of land, or of personalty that may be made to any Bishop of the United Church of England and Ireland in Ontario, and to his Successors, for any of the following purposes : — 1st For the Endowment of his See. 2nd. For the general uses of the Church in Ontano, as the Bishop to whom the deed shall be given, and his successors may appoint ; or as may be appointed otherwise in the deed (that is for the general uses of the Church in Ontario), to be applied under such particular direction as may be given in the deed, and not in the general discre- tion of the Bishop. 3rd. For the use of any particular Church (in Ontario), erected at the time of the deed being made, — and this, it is conceived, may by reasonable and proper construction be divided, as tlie preceding head, into two ; namely, to be applied towards the support of that Church in such manner as the Bishop to whom the deed shall be given may direct ; or to be applierl linvr' coiitnliuti'd. oi :'nfi:ipod to L'Oiitrii'».'ite, con-in;'r.iWli' -mmi- oi" irir>riey, and have D'iven or i/i-k-ini.- o'Vpi-r^, ili,.i i-. o -.i-. : — 1- ir'>i . i'or ilie pi c;o.r..i/e- ment atui suppor- of' Mi~-;on.iric^ md (Vf-fj' id- n of" iii L'lren Ciaircb of Enjrlanri aiifl li>'i.>nd. -vuji'ly wiin',!! ot- ' 'ini-r'.^i ,)i' (^tiicl' '• and Toronto, and for i i-e.- iirj .» ^'iiid o-.-wd- the hijih ii.iion o'" tOfi Stipend^ of poor Clcrti-s n ■.). anrl I ou ,• in- uim'vIii;; h [»ruv;-n,i ['oi- ilio-e vvlio tnay v>(» hi.-uparii.it n hy a-^e or iiiliiiniiy, .md ibi i\\<' wirlow- and orpbaiiN ol" the ('l<^rov of tlie - lid Churdi, r -j)'-. ri\(l.. In ilic, '-.dd I)io- i : 8et:oiifliy, ff>r i Ik* en ouimoi'iii.'h' ofrdu, .lion ,uid rln- >iiiipori of Day Sfhools mikI Si,iid>i\ Sii.(>ol- ii \h: .->,(\ DiO' -Cr, r^ .-.oi-ci i\ civ , in cont'ornniy ^^•illl i ho ]iiim-iple- oi'iui .,.id C'liui- li; 'I'lurdly. for .ar luiint.' 'issi^tiincii. wlhMe ii iiia; 'i' iki' ■•• \y\. fo Iiic-l- w Uo \\\n\ lie prt-piriag tV)r the .Mini«try of till- (TO-|)t! in .he-.id (^Iti ivli wiinin iIk- -MfK Dioce-c^K, i'e.-pecti\rl_v ; FonrlUly. foi riu-iii.n in,; in ilif -.dd Dloix-'S, n:-;f)*i''tively, tlic Holy Svriptiireft, tlic MooN ol ('unmioii Pr.iver of ihe -aid (^Inuvli, uid such oi licr Book- ,iiid Tr.-in- i- -iiidi he app'O'cd b\ llie -i'\<'i.w ('culrril Boiir,- ; I'MtYhly, for oht-uniiiL: Mild yr.iin ill'.', dd ujwnid ■ ilic cn'.-l ion. ;-iidii\\ iip'IiI .iiid luaiu- teniiiire of Ohm I' lie- ;i. . ofdioL' Kw ilic :■ ^.d'.iiinii'iii oi' (In- --lid « Imr'li in the said Diore-. -. n-p. la i\ cly. i lie .n ,i( V ii .lud iniiru ii.iiico of Fiir-on >;»■•- llou.-e,s, llie ■^.^ttirig apurl ol Buriid (/Jioimd- and Cluiu;h-_N ..rd-, the ea- dowinent and support ol P,ir-oii,i^efi iimi Ri-»-rorii ..< aciordiux to t.be •■'iiicl establishment, and the maiiageuiont of all matters relatiiig to such euduw- 12 menta : And whereas it would tend greatly to facilitate and promote the purposes of the said Associations that they should severally be incorpo- rated 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 regu- lations, respectively, for the government of the said Associations, severally, and for better attaining the purposes aforesaid : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Couiicil and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain and Ireland, intituled, A71 Act to re-units the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is herel)y enacted by the authority of the same. That the Lord Bishop of tlie said Diocese of Quebec, the Lord Bishop of Montreal, or the Bishop administering the said Diocese for the time being, and William Smith, Andrew W. Cochran, Henry Jessop, Henry J. Noad, John Racey, James H. Kerr, David Burnet, W. H. Leaycraft, John M. Frazer, the Reverend C. L. F. Haensel, George Hall, James Bolton, the Reverend George Mackie, the Reverend Edward Cusack, Robert Symes, the Reverend Edmund W. Sewell, William Price, Noah Freer, Edward Bowen, John G. Irvine, Hammond Gowen, Sir James Stuart, Baronet ; Matthew Bell, William Phillips, Henry Le Mesurier, Junior ; Edward L. Montizambert, Thomas Trigge, Peter Pat- terson, George B, Hal), James Turnbull, William Stevenson, James B. Forsyth, Alexander D. Bell, James Dyke, William Bowes, R. M. Harrison, H. S. Dalkin, Edward Boxer, Archibald Campbell, Charles Secretan, James McKenzie, 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 Diocese of Quebec, according to the existing Constitution, Rules, and Regulations thereof, and their successors, to be elected in the manner hereinafter provided, and such other persons as shall from time to time hereafter l)e elected to be members (»f the said Association in the manner hereinafter provided, shall be and are hereby declared to be a Body Corpurate and Politic, in name and in deed, by the name of " The Church Society of the Diocese of Quebec ;" and that the Lord Bishop of Toronto, the Venerable George O'Kill Stuart, Robert Simpson Jameson, Levins Peter Sherwood, James B. Macaulay, Jonas Jones, Christopher Alexander Hagerma>i, Peter Boyle De Blaquiere, William Henry Draper, John Simcoe Macaulay, James Gordon, John Boulton, John Solomon Cartwright, D'Arcy Boulton, Malilr)n Burwell, John B. Askin, Thomas Mercer Jones, Frederick Widder, William B. Jarvis, Heniy Ruttan, Joseph Wells, Walter Boswell, Zacheus Burnhara, .iiitaife 13 T. A. Stewart, William Dickson, James Kerby, William Allan, George Crookshank, H. C. Wilkina, Philip Vankoughnet, Gernird Lloyd, John Macaulay, Sir Allan Napier McNab, Guy C. Wood, George Salmon, Henry Sherwood, and such other persons as are now members of the said Association of the Diocese of Toronto, according to the existing Consti- tution, Rules, and Regulations thereof, and their successors, to be elected in the manner hereinafter provided, 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, sliall be and are herel)y declared to be a Body Corporate and Politic, in na,ne and in deed, by the name of "The Church Society of the Diocese of Toronto," and that by tho same names the said Association shall have each perpetual succession and a Common Seal, with power to change, alter, break, or make new the same, as often as they shall judge expedient, and 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 Record, or other place of Judicature within this Province; 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 Mortmain, or Lettres d' Amortissement, all mes- suages, lands, tenements, and immovable property, money, goods, chattels, and movable property, which have been or hereafter shall be paid, given, granted, purchased, appropriated, devised or bequeathed in any manner or way whatsoever, to, for, and in favor of the said Churclx Societies, respectively, to and for the uses and purposes aforesaid, or any of them, and 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 intents, constructions, and purpt)sesi, as any other Body Politic or Corporate by law may or ought to do. II. And be it enacted, that all lands, messuages, tenements, heredita- ments, or immovable jiroperty, and all rents, sum and sums of money, charged upon and issuing or payable out of any lands, messuages, tene- ments, hereditaments, or immovable property, as aforesaid, and all sums of money, goods, chattels, effects, or movable property, which have been or shall hereafter be paid, given, granted, purchased, appropriated, de- vised or bequeathed in any manner or way whatsoever, to, for, or in favor of the said Corporations, respectively, to and for the uses and purjjoses aforesaid, shall be and the same are hereby vested in the said Corpora- tions, respectively, to and for the uses and purposes aforesaid, in such manner and form, and subject to such by-laws, rules and regulations, as rnay be made and passed by the said Corporations, respectively, concern- ing the same, in the manner hereinafter provided : And that the said Corporations, or the Central Boards thereof, or such other Executive and 14 Managing Committees thereof as shall from time to time be appointed and authorised for this purpose by the by.hiws, rules and regulations, which may be made and passed in the manner hereinafter mentioned, for the government of the said Corporations, shall, respectively have power and authority to alienate or exchange, and to demise, let and lease for any terms of years, such messauges, lauds, tenements, hereditaments, and immovable j/roperty, as shall be so as aforesaid given, granted, purchased, appropriated, devised, or bequealhed to the said Corporations, respectively, for all or any of the purposes aforesaid, ami to have, receive^ and take the purchase money, consideration or price, rents, issues, or profits thereof: Provided r.lways. that the said Corporations, or Central Boards thereof, or such oVh;r Executive or Managing Committee, as aforesaid, shall, respectively, have, receive, take and hold, such purchase money, consideration or price, rents, issues, or profits, for the uses and purposes hereinbefore mentioned and set forth, or some or one of them, and for none other. 'i f III. And be it enacted, that the said Corporations, and their sue" cessors, shall and may, respectively, from time to time, hold assemblies and meetings of the said Corporations, which shall be called together in such manner and at such times and places as shall be directed and ap- pointed by the by-laws, rules and regulations of the same, to transact the business of the said Corporatiims, and shall and may at any such meeting elect such persons to be meml)ers of the said Corporations, res])ectively, as they or the major part of them then present shall think fit : Provided always, that no act done in any such assembly or meeting of the said Corjjorations shall be valid or effectual, unleos six persons of such Coqio- rations, at the least, shall be present, and the major part of them consent- ing thereto. IV. And be it enacted, that the said Corporations, or the major part of those who shall be present at any of the meetings of the said Corpora- tions to be held in manner aforesaid, shall and may, respectively, make and ordain any constitution, by-laws, rules, and regulations, whatsoever, which to them or the major part of them then present, not being fewer in number than six, as aforesaid, shall seem meet, reasonable or requisite, touching and concerning the well ordering and governing of the affairs and business of the said Corporations, and the due administering and improving the property thereof, and the more effectually promoting the purposes thereof, as aforesaid, and such constitution, by-laws, rules, and regulations, in like manner from time to time to abrogate, repeal, change or alter, as may be found expedient, which constitution, by-laws, rules, and regulations, shall he ))inding upon and shall be observed, iierformed and kept by the members of the said Corporations, respectively : Provid- ed always, that the same sliall not be repugnant or contrary to the ufore- 15 said purposes of such Corporations, or to the laws in force in this Province. V. Provided always, nevertheless, and be it enacted, that no such constitution, by-law, rule, or roj^ulation, of cither of the said Church Societies of the Dioceses of Quebec and Toronto, nor any abrogation, repeal, change or alteration of the same, shall bo of any f(,*oe or effect until it shall have been sanctioned and conflrnied by the Bishop of or administering such Diocese for the time being, by writing under his liand. VI. And be it enacted, that nothing herein contained shall effect or be construed to affect in any manner or way the rights of Her Majesty, Iler Heirs or Successors, or of any person or persons, or of any Body Politic or Corporate, such only excej^ted as are hereinbefore mentioned ..lid provided for. VII. And be it enacted, that this Act shall be deemed a Public Act, and shall be judicially taken notice of as such I)y .all Judges, Justices of the Peace, and other jiersons whatsoever, without being specially pleaded. , . I' .1 "■, ;i I ■' f • -• 'i;/ ■• ■!■ ■■! vw.- I, r ,'t i;i: J , * ii.i ; .;; TRUSTS Authorized by the aforegoing Statute. (Extended to the Synnd of Ontario, hij 25 Victoria, Chap. 86.) First— For the encouragement and support of Missionaries and Clergy- men of the United Church of England Ireland within the Diocese of Ontario, and for creating a fund towards the augmcntivtion of the stipends of poor Clergymen, and towards making provision for those wlio may )je incapacitated by age and infirmity, aud for the Widows and Orphans of the Clergy of the said Church, in the said Diocese. Secondly — For the encouragement of Education, and for the support of Day Schools and Sunday Schools in the said Diocese, 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 Diocese. Fourthly — For circulating in the said Diocese the Holy Scriptures, the Book of Common Prayer of the said Church, and such other Books and Tracts as shall be approved by the Synod. Fifthly — For obtaining and granting aid towards the erection, endow- ment and maintenance of Churches, according to the establishment of the said Church in the said Diocese ; the erection and mainten- ance of Parsonage houses ; the setting apart of Burial Grounds and Church-yards ; the endowment and sup])ort of Parsonages and Rec- tories, according to the same establishment, and the management of all matters relating to such endowments. AN ACT RESPECTING RECTORIES. Con. Sum. of €., c. 74. Her Majesty, by and with the uiivice and consent of the Legislative Council and Assembly of Canada, enacts c lo'lows : — Whereas the recognition of legal equality among all religiouB Denomi- nations is an admitted principal of Colonial Legislation ; And whereas in the state and condition of this Province, to which such a principal is peculiarly applicable, it is dusiralile that the same should receive the sanction of direct Legislative Authority, recognizing and declaring the same as a fundamental principle of our civil policy — Therefore, 1. The free exercise and enjoyment of Religious Profession and Worshipj without discrimination or preference, so as the same be not made an 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 allowed to all Her Majesty's subjects within the same. 2. No Letters Patent shall be hereafter issued in this Province by the Crown for the erection of any Parsonages or Rectories, according to the Establishment of the Church of England, or for the endowment thereof, out of the Clergy Reserves or the Public Domain, or for the presentation of any Incumbent or Minister ty any such Parsonage or Rectory : 3. Nothing herein contained shall in any wise affect any proceedings heretofore had, whereby certain Parsonages or Rectories were erected and endowed, or supposed to be erected and endowed by the Authority of an Act of the Imperial Parliament passed in the thirty-first year of the Reign of King George the Third, chapter thirty-one, 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 eftectual provision for the Government of the Province of Quebec, in North America,' and to make further provision for the Government of the said Province," or whereby certain Incumbents or Ministers were presented under the same Authority, to such Parsonages or Rectories, or any of them, but the legal- ity 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 Minister to any such Parson- age or Rectory shall vest in, and be exercised by the Church Society of the Church of England Diocese within which the same is situated, or in such other person or persons, bodies jiolitic or Corporate, as such Church Society, 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. 3 AN ACT TO ENA.BLE MEMBERS OF THE UNITED CHURCH OF ENGLAND AND IRELAND, IN CANADA, TO MEET IN SYNOD. 19-30Vlvtorla, Cliup. 141. Bescrved fur siyiujication of Her Majesti/s jileasnre I'Jth Jiitie, 1850 ; anaented to by procluumtion 2Sth May, 1857. ■ Whereas doubts exist whether tin; members of the United Church of England and Irehind, in this Province, have the power of regulating the affairs of their Church, in matters relating to discipline, and necessary to order and good government, and it is just that such doubts should be removed, iu order that they may be permitted to exercise the same rights of self-government that are enjoyed by other religious communities : therefore Her Majesty, by and with the advice and consent of the Legis- lative Council and Assembly of Canada, enact as follows : I. The Bishops, Clergy, and Laity, members of the United Church of England Ireland, in this Province, may meet in their several Dioceses, which are now, or may be hereafter constituted in this Province, and in such manner and by such proceedings as they shall adopt, frame consti- tutions and make regulations for enforcing discipline in the Church, for the appointment, deposition, deprivation, or removal of any jierson bear- ing office therein, of whatever order or degree, any rights of the Crown to the contrary notwithstanding, and for the convenient and orderly man- agement of the property, affairs and interests of the Church in matters relating to, and affecting only, the said Church and theofficersand mem- bers thereof, and not in any manner interfering with the rights, privileges, or interests of other religious conmiunities, or of any person or persons not being a member or members of the said United Church of England and Ireland : provided always, that such constitutions and regulations shall apply only to the Diocese or Dioceses adoi)ting the same. II. The Bishops, Clergy and Laity, members of the United Church of England and Ireland, in this Province, may meet in General Assembly within this Province, by such Representatives as shall be determined and declared by them in their several Dioceses ; and in such General Assem- bly frame a constitution and regulations for the general management and good government of the said Church in this Province : provided always, B«W 19 tlmt nothing,' in this Act. rontainod shall autliorizc tho imposition of any rato or tax upon any jx-rson or persons wliomsoovcr, wlutthor l)oh)nging to the said Church or not, or tho intliction of any punishment, tine, or penalty ui)on any person, other than his suspension or removal from any office in the said Church, or exclusion from the meetings or proceedings of the Diocesan or General Synods; and provided ako, nothing in tho said constitutions or regulations, or any of them, shall be contrary to any law or statute now or hereafter in force in this Province. AN ACT TO EXPLAIN AND AMEND THE ACT INTITULED "AN ACT TO ENABLE THE MEMBERS OF THE UNITED CHURCH OF ENGLAND AND IRELAND IN CANADA TO MEET IN SYNOD." 39 Victoria, c. 139. A/ssented to 10th Ancjud, 1858. Whereas doubts exist whether in the Act passed in the Session held in the nineteenth and twentictli years of Her Majesty's Reign, intituled "An Act to enable the members of tho United Church of England and Ireland in Canada, to meet in Synod," sufficient provision is made for tlic representation of the Laity of the United Cliurch of England and Ireland in the Synods by tho said Act autliorised to be held, and it is expedient that such doubts should be removed : therefore, Her Majesty by and with the advice and consent of the Legishitive Council and Assembly of Canada enacts as follows : I. For all the purposes of tlie aforesaid Act, the Laity shall meet by represntation ; and until it shall lie otherwise determined by the Synod in each Diocese, one or more delegates (not exceeding three in any case) may be elected at the annual Easter meetings in each Parish, Mission, or Cure within the Diocese, or in cases where there may be more than one congregation in any Parish, Mission oi' Cure, then in each such congre- gation, or at meetings to be specially called for the purpose by each Clergyman having a separate Cure of souls ; and all laymen within such Parish, Mission or Cure, or belonging to such congregation, of the full age of twenty-one years, who shall dticlare themselves in writing, at such meetings, to be members of the United Church of England and Ireland, and to belong to no other religious denomination, shall have the right of 20 voting nt such election. Encli delegate sliull receive from the Chftirman of the meeting a certificate of his election, which he ahull produce when called upon to do so, at the Synod ; and the first meeting of Huch Synod shall be called by the Bishop of the Diocese at such time and place ac lie shall think fit; provided always, that no business shall be transacte*' by the Synod of any Diocese unless at least one-fourth of the Clergy of such Diocese shall be present, and at least one-fourth of the Congregutions within the same be represented by at least one delegate. II. All proceedings heretofore had in any Diocese under the aforesaid Act, which have been conformal)lc to the provisions of this Act, shall be held to be valid, as if the same had taken place after the passing of this Act. AN ACT INCORPOUATING THE SYNOD OF THE DIOCESE OF ONTARIO. 95 VSrtoriH, o. 86. Asuented tu 9th Jam; 1863. Whereas Her Mnjesty, by Her Royal Letters Patent, bearing date at Westminster, on the eijjjhtoenth day of Fel)ruiiry, in t]ie twenty-tlftli year of Her Majesty's Reign, was pleased to divide the Diocese of Toronto into two Dioceses, the one to be called tlie Diocese of Toronto, and the other the Diocese of Ontario, in the manner and with the limits and boundaries in the said Letters Patent mentioned; and whereas I y an Act passed in the Sessiim held in the nineteenth and twentieth years of Her Majesty's Reign, intituled, ''^An Ad to e7iable tlie. members of the United Chvrch of England ami Ireland to meet in Sijnod," it is enacted as follows; "The Bishops, Clergy and Laity, members of the United Church of England and Ireland in this Province, may meet in their several Dioceses which are now or may hereafter be constituted in this Province, and in such man- ner and by such proceedings as they shall adopt, frame constitutions and make regulations for enforcing discipline in the Church, for the ap): int- ment, deposition, deprivation, or removal of uny person bearing office therein, of whatever order or degree, any rights of the Crown to the con trary notwithstanding, and for the convenient and orderly management of the property, affairs and interests of the Church, in matters relating to and affecting only the said Church ;" And whereas a Synod of the Dio- cese of Ontario hath recently been constituted, and hath prayed that the Bishop, Clergy and Laity, members of the United Church of England and Ireland, within the said Diocese of Ontario, be incorporated as hereinafter mentioned ; And whereas it would tend greatly to facilitate and promote the purposes of the said Synod, as set forth in the above recited Act, that the said Corporation should be created with the powers hereinafter men- tioned, subject to the provisions hereinafter mentioned : Therefore, Her Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. From and after the passing of this Act, the Bishop, Clergy, and Laity, members of the said United Cliurch of England and Ireland, within the Diocese of Ontario, shall be and are hereby declared to be a body 00 Ail corporate and politic in name and in deed, by the name of " The Incor- porated Synod of the Diocese of Ontario," and shall have and arc hereby invested with the like coi|:cr"t" rights, powers, patronage and privileges, as by any Act or Acts of the Parliament of this Province are conferred on any Church Society incorporated in any Diocese of the United Church of England and Ireland in this Province, and to the said Corporations and to the members thereof, the several clauses anC- ■' : ■ :■ '. f AN ACT RESPECTING MARRIAGES IN :' . - UPPER CANADA. 'i €on. Stat, of V. €., c. 73. Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — 1. The ministers and clergymen of every church and religious denomi- nation in Upper Canada, duly ordained or appointed according to the rites and ceremonies of the churches or denominations to which they respectively belong, and resident in Upper Canada, may by virtue of such ordination or appointment, and according to the rites and usages of such churches or denominations respectively, solemnize the ceremony of marriage between any two persons not under a legal disqualification to contract such marriage, 2. But no minister or clergyman shall celebrate the ceremony of mar- riage between any two person unless duly authorized so to do by license under the hand and seal of the Governor, or if not so authorized, then unless the intention of the two persons to inter-marry be proclaimed openly, and in an audible voice, in the church, chapel, meeting-house or place of public worehip of the congregation or religious community with which the minister or clergyman is connected, on three several Sundays, immediately before the service begins or immediately after it ends, or at some intermediate part of the service, together with the number of such proclamation, as being the first, second or third time of asking. 3. It shall not be a valid objection to the legality of a marriage, that the same was not solemnized in a consecrated church or chapel, or within any particular hours. 4. Every clergyman or minister who celebrates a marriage in Upper Canada shall, if required at the time of the marriage by either of the parties thereto, give a certificate of the marriage under his hand, specify- ing the names of the persons married, the time of the marriage, and the names of two or more persons who witnessed it, and S2)ecifying also whether the marriage was solenmized pursuant to license or after publi- cation of banns; and the clergyman or minister may demand twenty-five cents for the certificate from the person requiring it. 5. Every clergyman or minister shall, immediately after lie has solemn- ized a marriage, eater in a book, to be kept by him for the purpose, a 51 true record of the marriago ; nnd shall, on or before the fiMt day of February m every year, return a certified list of all marriages by him solemnized during the year ending on the thirty-tlrst day of December next preceding, to the liegistrar of the County in which the marriages have taken place, and shall, at the time of making the return, pay or transmit to the liegistrar one dollar as his fee thereon. , G. 8uch record and list shall respectively specify all the particulars, and the list shall be in the form following, namely : — (Under Sec. IS all necessary forms are, mt demand, supplied by tlie Clerk of the Peace.) 7. On receipt by the Registrar of any such list, he shall file the same among the papers of his ofiice, and record the same in a l)ook to be kept by him for the purpose ; and in case of the death or absence of the wit- nesses to a marriage, such register or a certified copy shall be sufiicient evidence of the marriage, and the liegistrar shall give a certified copy of a marriage record to any person demanding the same, on payment of fifty cents. ; i • • 8. Every clergyman or minister, before solemnizing a marriage, may demand from either of the parties thereto, the sum of two dollars, to enable him to pay the sum to be paid or transmitted by him to the Registrar, and to remunerate the clergyman or minister for the trouble and expense attendant on preparing and transmitting such certified list to the Registrar. 9. But nothing in this Act shall prevent the payment to the clergyman or minister of any further remuneration the parties choose to make. 10. In case of the death or removal of a minister or clergyman before making his annual return, his successor or any other person having the legal custody of the book referred to in the fifth section, shall return to the Registrar a certified copy of all marriages therein recorded, and the Registrar shall record the same as if the return had been made by the minister or clergyman who celebrated the marriages. 11. Every marriage duly solemnized between members of the Religious Society of Friends, commonly called Quakers, according to the rites and usages thereof, shall be valid ; and the duty imposed by this Act upon a minister and clergyman shall, with regard to such marriage, be per- formed by the Clerk or Secretary of the Society, or of the meeting at which the marriage is solemnized. 12. Every clergyman, minister, clerk, secretary, or other person who in any year refuses or neglects to return the certified list required of him by this Act, on or before the first day of February, shall forfeit for every day's delay after that clay, the sum of four dollars, which sum shall be 89 recoverable with costs before any m.iLjistratc of tlie County in which the person resides, and shall be applied according to law. 13. The Clerk of the Peace of every County shall, at the expense of the County, from time to time, on demand, furnish all clergymen or ministers and others in the County required by this Act to make returns, with the books to be kept, and with printed blank forms for the lists to be returned ; and such books shall have columns and heailings printed on every page, according to the form given in the sixth section ; and the books and forms shall be of such size and form as to admit of the neces- sary entries being conveniently made therein. 14. The book, by whomsoever furnished, shall be the property of the Church or denomination to which the clergyman or minister, clerk or secretary, belongs, at the time of the first marriage which he records therein. 15. The portion of the Marriage License Fund arising in Upper Canada, shall be at the disposal of the Legislature, for public purposes of interest in Upper Canada. • / .' ( ' ; i'X t.'I i.ii .i,. .:■;■! t; . I ij.»t'; '■.■)>• i 111 i • •■ ' .: 'I . A ->! :■! ' t 1 » . , ■I.J .1 >i ' . • i:i ■■■'■'' ■'* ■ .!!.'■. ■ -/i 'Ui : PRESENT LAW AS TO MARRIAGE RETURNS. 3a victoria, c. 30, sec. 13, Ontario, ai amended by 33 Victoria, c. 22, sec. 5, Ontario. 12. Every clergyman, minister, or itlicr person autliorizcd by law to celebrate marriages, shall be reciuired to report each and every marriage he celebrates to the Registrar of the division within wliich such marriage is celebrated, within ninety days from the date of such marriage, with the particulars re(iuired by Schedule B, ai.pcnded to this Act ; "and in order the better to enable the said clergyi-- minister, or other person to make such report as aforesaid, he shall be lurnished by the Division R.^gistrar of the division in which he resides, with blank forms, containing the par- ticulars rcfiuircd by the said Schedule B, in which he shallenterrwith the required particulars, all the marriages so celebrated by him ; and the transmission of such form, with tlie entries therein properlyinade, and certified to be correct, under the hand of the said clergyman, minister, or other peison, to the Registrar of the division wherein such marriage is celebrated, shall I)c deen.jd to be a good report, within the meaning of the said section twelve." ^ • . .."V >, •. ! ' rs '•'.V> THE FOLLOWING STATUTES ALSO AFFECT ECCLESIASTICAL RIGHTS IN THIS PROVINCE. The rmperial Act SI, George III, chap. SI, known as the Conatitutional Act— Sectiom S6, 38, 39, and 40. The Act introdming the English Law as the rule of decision in all matters of controversy relating to Property and Civil Eights— 3:2, George III, chap, 1, sec. 6. The Act Bespecting the Clergy Reserves— Con. Stat, of Canada, chap. SS. The Act Incorporating the Church Society of the Diocese of Huron— 22 Victoiia, chap. 65. The Act to confirm and legalize a certain agreement entered into between the Church Societies of the Dioceses of Toronto and Huro')ir—24 Victoria, chap. 125. The Act to amend the Act Incorporating the Church Society of the Diocese of Toronto— 28 Victoria, c. 54'. The Imperial Act, SO and 31 Victoria, chap. 3, kmwTi as "The British North America Act, 1867, sec. 92," confernng xqwn the Provincial Legislature exclusive power of making laws as to " The Solemnization of Man-iage in th* Pi ovince," and aa to '* Property a^id Civil Bights in the Province." The Act Incorporating the Qrjmd of the Diocese of Toronto, and to unite the Church Society therewith— 32 Victoria, chap. 51, Oni. Tlie Act to extend the operation of the Synod Acts to the Province of Nova Scotia— S3 Victoria, chap. 57. The Act to extend the operation of the Synod Acts to the Province of New Brunsvnck—34 Victoria, cliap. 68. The Act to confer on the Bishop and Incumhent of the Diocese of Toronto similar powers to those held by the Bisliop and Incumbent of the Diocese of Ontario— S4 Victoria, chap. 79, Ont. FOKMS OF CONVEYANCE. TO THE BISHOP. WITH BAR OF DOWER. This Indentuhe, made in (luplicatc the day of. in the year of Our Jjord one thousivnd ei n SCHOOLS. 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 man- ngenicnt of said property and in the execution of the said trust, may be appropriated and Jipplied for the encourtigement of Education, and foe t!ie sujjport of Day Schools and Sunday Schools in the Diocese of Ontario, in conformity with the principles of the United Church of England and Ireland. PARTICDLAB SCHOOL. Mi •Si Upon trust to hold the same for ever hereafter, to the intent and upon the trusts tliat the rents, issues, and profits thereof, after deducting all such charges and disbursements as may be incurred in the care and man- agement ofsaitl property and in the execution of the said trust, may be iil^propiiatcd ami applied for the support of Day Schools and Suudajj Schools [or Day Schools or Sunday Schools] in the Township of. j,- or for the support of a School which hath been established oa Lot No in the Concession of the Township of. <..., in the Diocese of Ontario, in conformity with the principles of the United Church of England and Ireland. ^^ CIRCULATION OP BIBLES, PRAYKR BOOKS, AND RELIGIOUS BOOKS' " ■ ' ' AND TRACTS. '" ' ' ■' " Upon trust to hold the same for ever hereafter, to the intent and upon the trusts that the rents, issues, and profits thereof, after deducting all such charj^c'S and disbursements as may be incurred in the care and management of said i)roperty and in the execution of the said trust, may be api)ropriatcd and ap])iied towanls the circulating, in tlie Diocese of Ontario, 'lie Holy Sciipturos, the I'ook of Common Prayer of the United, Church (.■ England aiul Ireland, and such other Books and Tracts as 8hall[ be approved by the Svnod of the Diocese of Oniayiy aforesaid. n '6 II ,- :!' 1 . i; I 42 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 cliarges and disbursements as may be incurred in the care and management of said property and in the execution of the said trust, may be appropri- ated and applied towards a fund for granting assistance, -where it may be necessary, to those who may bo preparing for the Ministry of the Gospel in the United Church of England and Ireland in the Diocese of Ontario. KKECTION AND ENDOWMENT OF CIIUKCHES AND PAKSONAOES. 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 said property and in the execution of the said trust, may be appropriated and applied towards the erection, endowment, and maintenance of Churches, according to the establishment of the United Church of England and Ireland in the Diocese of Ontario, the creation and maintenance of Parsonage-houses ; the setting ajjart of Burial-grounds and Church-yards, and the endowment and support of Parsonages and Bectories according to ,the same Establishment. FOR PARTICULAK CHURCH. Upon trust to hold the same for ever hereafter, for the use of that certain Church of the United Church of England and Ireland, situated in the Township of. in the County of. within the said Diocese of Ontario, called Church, \or if the Church cailnot he otherwise distinctly and accurately described, insert after the words ** Diocese of Ontario"] — "which hath been erected, or to be hereafter erected, upon Lot number in the Concession of tlie said Township," to the intent and upon the trust that the rents, iesues, and profits of the said land and premises may be appropriated and applied to the use of the said Church, in such manner as the said John Travers, Lord Bishop of Ontario, and his successors, shall from time to time appoint. SITE OF A CHURCH. Upon truBt to hold the same for ever hereafter, for the use of a Church of the United Church of England and Ireland, to be erected upon the said parcel or Tract of land, and for a burial-ground in connection therewith, and for no other use or purpose whatsoever. .^v;:^-^l;iiiK>...-^.:a-^>^..:^ irch I Bald Hth, 43 BITE OF A CHURCH AND PURPOSES APPURTENANT THERETO. Upon trust to hold the same for ever hereafter, for the site or ground- plot of a Church of the United Church of England and Ireland, and for such other uses or purposes appurtenant to the said Church as the Lord Bishop of the Diocese shall from time to time appoint. SUPPORT OF INCUMBENT. Upon trust to hold the san)e for ever hereafter, to the intent and upoa the trust that tlie rents, issues, and profits thereof, after deducting all such charges and disbursements as may l)e incurred in the care and manage- ment of said property and in the execution of the said trust, may ha appropriated and applied to the support of the Incumbent of thatcertai:i Church of the United Church of England and Ireland, situated in called SITE FOR A PARSONAGE HOUSE. Upon trust to hold the same for ever hereafter, as a site for a Parsonage- house, for the use of the Clergynian of the United Church of England and Ireland doing duty at I I- THE DECLARATION OF THE SYNOD OF THE , DIOCESE OF ONTARIO. ' r • .It, .1 Aa adopted April 9th, A.D., 1862. DECLARATION. 'ii ! . We, the Bishop, the Clergy, and Representatives of the Laity of the United Church of England and Ireland, within the Diocese of Ontario, 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 Church 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 acknowledge the Book of Common Prayer and Sacraments, together with the Thirty-nine Articles of Religion, to be the true and faichful declaration of the docrines contained in Holy Scripture; we maintain the form of Church 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 doctrines 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 persons within her dominions, in all causes whether 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 exten- sion ; and we desire no control or authority over any but those who are, or shall be, members of the said Church. 45 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 Sj'nod, 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 ecclesiastical 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 tlie maintenance of public worship, and the diffusion of a sound religious education. 4. To promote and regulate the building and consecration of Churches, and the erection of Parsonages and school-houses. 5. To provide for the division of the Diocese into Parislies, with regu- lations 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 otKces of the Cluirch. 8. To provide (w 1th the consent of the Crown) for the division of the Diocese into new Dioceses, either forthwith, or at any future period. 9. To procure from the Colonial Legislature any laws, or modification of laws, which the circumstances 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 n\otives, and guide our judgment, tiiat we may lie enabled to contribute to the efficiency, concord, and stability of the Church in this land. • ' •■'■■■■■ ' If ., 1..I THE OANOxNS OF THE DIOCESE OF ONTARIO. I.-CONSTITUTIOX. 1. The Sj-nod shall consist of the Lord Bishop of the Diocese, and any coadjutor or uasistiint Bishop thereof, of the Prie.sts and Deacons of the same licenaod by the Lord Bishop, of those Clergymen of the Diocese in good standing in the Diocese who have Ix'.conie superannuated or incapa- pacitated in consequence of intirinity, and of Lay representatives to be elected as is hereafter provided. 2. The Lay representatives shall be male communicants of the full age of 21 years, who shall have communicated at least once within the previous year. They shall be elected as hereinafter provided, at the Easter meeting, held by each minister having a separate cure of souls, or at any meeting specially called by him for that purpose, and all laymen within the cure, of twenty-one years and upwards, who shall have at the time of the election declared themselves in writing, in a book provided for such purposes by the Parish, to be habitual attendants of that congre- gation, and members of the United Church of England ami Ireland, and to belong to no other religious denomination, shall have the right of voting at the election : Provided that no member shall vote in the election of Delegates in more than one Church in the Diocese within the year. 3. The Minister himself, if present shall preside at the election, and in his absence the Curate Assistant, or in case neither the Minister nor his Curate Assistant be present, a Chairman elected by the majority of those present. 4. Each cure shall be entitled to three Lay representatives, and who, except in the case of a first election in a cure^ shall serve for three years. One of these representatives shall retire annually, but he may be re-elected. In the case of a first election in a cure, the first on the list of the repre- sentatives, returned and certified to the Clerical Secretary, shall serve for th/fee years ; tlie second so returned and certified shall serve for two^ years ; and the last so returned and certified shall serve for ow year ; but wUeu there are two coogregatious Uaviog Churches, that which has the 47 largest number of voters shall elect two, imd the other one ; when there arc three con^^'rcu^iitions having cluirchi's, each shall elect one ; and when more than throe those having the smallest number ot votes shall unite for the election of one rcprcscntutive with the congregation of the Church nearest to them ; and in all cases the Church to which the Minister is specially licensed or appointed shall be entitled to at least one represen- tative. 5. Within thirty days after such election the Chairman of the meeting shall send to the Clerical Secretary of ihe Bynod the amount assessed on his Parish or Cure as hereinafter provided, together with a certificate of such election according to the following form: — |ho, irs. ted. jre- Irve iwo^ Ibut the DIOCESE OF ONTARIO. Parish of. . Congregation of I hereby certify that at the meeting for the election of Lay Delegates for this Parish (or (Congregation) held on day of A.D. wae (or were, as the case may ha) duly elected to rei)resent this Parish (or Congregation) in the Synod of the Diocese for the next years, and that are the rejjresentatives of this Parish (or Congregation). A. B. for the next three years. C. D. " two years. E. F. " one year. I also forward hcrcAvith the assessment of the Parish, $ Cha irman. (Date) To the Clerical Secretary of Synod. ^ • On the receipt of this certiticate by the Clerical Secretary of the Synod, he shall enter the names of the Lay representatives on the Synod list, to be printed and sent to each of the Clergy ; nd Lay representatives iifteen days before the meeting thereof, and at the foot of the list the Secretary shall place a note indicating to the Parishes which have not paid their assessment that representatives cannot sit or vote until it has been paid. The Chairman of the meeting shall likewise furnish such representative with the following certificate : — DIOCESE OF ONTARIO. Parish of. Congregation of. I hereby certify that is a duly elected Representative pf this Parish in the Diocesan Synod for the ensuing year. Chairman, (Date) 48 I'll Atui in mM the Heprexentatifie ia tu)t a member of the anujreyation for which he, is elected, the foUouivj certificate mimt also be tli^Jne(l: And I do hereby certify that the person hI)ovo elected has proved to me by cr rtificate from his own Parish Clergyman that he has communi- cated once within the past year. Cliairman. N.B. — No representative can sit or vote in Synod until tlio assessment due by his Parish is paid. And such certificate shall be taken as sufficient proof of the election ; but without it, any person 2)resenting himself as such representative shall be required, before taking his seat, to afford sufticient proof of his election. No representative shall be permitted to act until tiio assessniunt and the arrears, if any, upon his Parish are paid ; and representatives shall continue in office until their successors are a[)pointe(l : Provided that when the euro shall be vacant from the inability or ne:,'iect of the congregation 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. 6. If any lay representative is elected for more than one parish, lie shall, within one week, after receiving notice thereof, select the parish which he intends to represent, and shall signify the same to the Clerical Secretary of the Synod, who shall at once notify the minister of the other parish or parishes for which such representatives ehall have l)een elected ; and thereupon such minister shall proceed to call a new election by giving due notice thereof on two consecutive Sundays, such new election to take plnce within fifteen days from the receipt of tiie notifica- tion from the Clerical Secretary of the Synod. And in the event of the erection of a new parish or cure, or of a vacancy occurring in the number of representatives of any parish or cure, cither by death or otliurwise, tlie minister of the said parish or cure, shall in like manner and within the same period proceed to hold a new election to fill such vacancy, and the voters at the last election shall be entitled to vote at such new election without further registration. The person elected to fill a vacancy shall serve only for the unexpired term of the retiring representative. 7. If any Lay representative shall decline to serve, or shall at any time resign his office, signuying the same in writing to the Incumbent, or shall remove from the Diocese, the said office shall, in any such case, become vacant ; moreover, should any Lay representative secede from the Church, or abstain from the Holy Communion for the space of one whole j'ear, or should he wilfully absent himself from public worship in the Church which he had been accustomed to attend, for tlie space of six calendar mouths; or should he be convicted of any crime, he shall thereupon 49 time shall coino urcli, ar, or uu-ch lendar Lupon I'tufuit Ills sill irticf, 1111(1 tiiu IiKHiiiilii-iit oi MiiilstiT of tilt' Purihh of Mission of wliu-li lie was the Lay H'piesciitativc! sliall, witliiii tiftcen ilays after l)eiiig iiiatk' aciiuaiiitt'd witli such vacuiu'y or forfuituif, proceed to call a new election. And hIiouUI the Incuiiiltent or Minister neglect or refu8u for one Siindtiy to rail a new election after receiving the written application for a meeting for such pnrpoHc, Higiiod liy three persons having the right to vote at the election of Lay delegates, and one Sunday having jjiissed without such meeting being called hy him, then it shall he in the power of any three such voiers to call a meeting by notice, to be atlixcd on the outer main entrance iloor of the Church, at least tea days previous to such intended meeting. 8. The Synod shall meet annnally or oftener at the discretion of the Bishop ; the time and place of meeting being appointed by him, who shall adjourn «»r prorogue the Syuoil, as may appear to him most for the welfare of the Diocese. U. A quorum of the Synod shall consist of not less than one-fourth of the whole number of the Clergy, and one-fourth of the congregations within the Diocese, represented by at least one Delegate, and no busine.n.>> shall be transacted without a quorum. 10. There shall be a Clerical Secretary and a Lay Secretary, the former to be elected by the Clergy, the latter by the Laity, annually on the tirst day of Synod, and whose duty it shall l)e to keep regular minutes of all proceedings of the Synod, to record them in a book provided for that purpose, to preserve all papers, memorials, aiid other documents, to conduct correspondence^^and to attest the public acts of the Synod, and who shall deliver all records and documents to their successors. The Clerical and Lay Secretaries shall be ex-tijffir.io members of all standing Committees. That all monies shall be sent to the Clerical Secretary direel, ami by him puid over to the Treasurer at least once a week. Thii Clerical Secretary shall acknowlege tiie same in such manner as the Executive Committee shall from time to time direct. That it shall be the duty of the Secretaries of Syncd to have the proceedings of each session of Synod printed and distributed to the members within two months from the close of the session. That it shall be the duty of the Clerical Secretary to have the notices of motions given on one day printed and ready for distribution on the following morning. 11. There shall be a Treasurer of the Synod, who shall be ex-ojfficiu a member of tlie Executive Committee, and two Auditors. i 60 Tbe withdrawn from said account except by cheque signed by the Treasurer and the Clerical Secretary of the Synod, and countersigned by the Lord Bishop of the Diocese, or in the event of his not being present, by the Chairman jjro tem. of the Executive Committee. 12. A Finance Committee shall be a])pointed annually, to fix tlie assessment to be levied on each parish for the ensuing year. 13. There shall be an Executive Committee, to l)e nominated and presided over by the Lord Bishop, and to consist of twenty nieml)ers, ten chosen from the Clergy, and ten from the Lay representatives; of whom seven shall be a quorum, and whose office shall continue till their successors are apjiointed ; in addition to the tv^enty memljcrs so to be nominated as aforesaid, the chairnnm of the several standing Committees of Synod shall be ex-offi,cio members of the Executive Committee. In the absence of the Bishop the Committee shall elect a Chairman. It shall be the duty of the Executive Committee to prepare in due form all such matters as the Bishop, or any other members of the Synod may desire to bring forward ; to receive reports from all othei» Committees, to examine and confirm or refer back the same with instructions for re-consideration, and in the event of the Committee rcafiirming the previous report, that the Bishop shall have power to decide the question ; to print such reports or such parts of them as they may deem expedient ; to eoMuteisign or endorse by their chairman all chec^iies, claims, and applications n\ade by any Board or Committee ; or any other lawful applications on the Treasurer of the Synod ; and to issue a circular under the Bishop's direction, stating the time and place of meeting, the business for the ensuing Synod, and the order in which it will be discussed; which circular shall be forwarded to each Clergynuin and Lay representative fifteen days bsfore the meeting of Synod. 14. The business to be submitted to the Synotl so as to have precedence in order of proceeding, shall be sent to the Clerical Secietary, to be submitted by him at the meeting of the Executive Committee which shall be held next before the meeting of SyuoU, 51 15. No iK;t or resolution of the Synod sliiill be valid without the conciiirencL' of tin; I)islio|), ami of ii iniijority of the Clergy and of the Laity present. This Kule not to refer to the election of a Bishop. 16. Any alteration of this constitution, or of any of the rules of order, or the canons, if passed at one session, of the Synod, shall lie over to the next meeting of the Synod ; and shall not tiike effect unless again approved by the Bishop, and a majority, consisting of two-thirds of both Clergy and Laity. 17. That the Lord Bishop of the Diocese be authorised to fill up tem- porarily any vacancies occurring among the officials of the Synod until the next meeting of the said Synod. 18. That whore no ])roviHion is siicciiilly made otherwise, one third of the members of each Committee of Synod shall be considered a quorum of that Committee. 19. All Committees shall be named by the Bishoj), unless otherwise ordered. 2(1. That if a meml)er of any special Counnittee shall fail to attend its meetings, the Bishoi) shall l)e authorized to add other n.ames, and from the members of other Committees to form a quorum, pro tern. n.-ORDER OF rilOCEEDINGS. le :h 1. T!:c liist mcctini;' of the Syiod in each session shall be preceded by ])ul)li(r nioinin;;' or evening prayer, and a sermon, together with the Holy (,'ommuiiiuii ; and llie cdliection at tlie offertory shall be devoted to mis- sionary or other purposes, on the recommendation of the Executive Conunittee. 2. After divine ser'. ice on the fust day of business meeting, the Lay Secretary sliall attend at the place of meeting of the Synod, to receive the eertilieates of the Lay rei)resentalives, which shall be examined by the Secretary anil a coniniittee of two lo be appointed for that purpose. 53, The l^ynod shall be opened with prayer. The Clerical Secretary shall tiien call over the roil of the Clergy, to be furnished by the Bishop, and mark the names of those in attendance ; and the Lay Secretary shall call over tlie names of the several parishes anil their representatives, marking those who are present. 4. Tlie election ol S.'eretaries shall then he made l>y the Clergy and Lait.v re [jeetiveiy ; and a Treasurer and two Auditors shall also be elected, all of wlueii otilcers shall Ijojd their res;)ective offices ujitil their successors shall be appointed. 62 5. After this, and on all otlier days aftor morning prayers, and the opening prayer, the order of business shall l)u as follows : (1.) Rending, correcting, and approving the niinutes of the previous meeting. (2.) Appointing. committees. (3.) Presenting, reading, and referring memorials, petitions and cor- respondence. (4.) Presenting reports of committees, of the Treasurer, and the Auditors. (5.) Giving notice of motions. On the second morning of Synod, elec- tion of Provincial Delegates. (C.) Taking up unfinished business. (7.) Considriration of motions. 6. An address from the Bishop shall be in order at any time. 7. The minutes of the proceedings of the last day of each session shall be read and confirmed before the close of the session. III.— RULES FOR THE PRESERVATION OF ORDER. 1. When tJie Bishop has taken the chair, no member shall continue standing. 2. When any member is about to speak for the information of the Synod, he shall rise and address himself to the chair. 3. No motion or amendment shall be considered as before the Synod (excepting such as may be proposed by the Bishop, or committees), unless seconded and reduced to writing. To prevent surprise, no motion, except motions in course, shall be considered till the succeeding day of meeting, notice thereof having been first given. 4. No member shall speak more than twice on the same question, with- out asking and receiving permission from the chair. 5. When a question is under consideration, no other motion shall be received ; unless to adjourn, to move the previous question, to lay it on the table, to postpone it to a certain time, to postpone it indefinitely, to commit it, to amend it, or to divide it ; and motions for any of these purposes shall have precedence in the order here named. 6. Motions to adjourn or to lay on the table shall be decided without debate. - 7. When a motion has been read to the Synod by the Secretary, it can- not be withdrawn by the mover, without the consent of the chair. M (Ut ;>.3 8. Eacli iiifmlKT shall liavo tliu power to ii'iiuirc. at any period of tlic (lt'l»ate, lliat tlio motion in discnssion he read for liis information. 9. A member called to order while speaking shall sit down, unless per- mitted to explain. 10. All questions of order shall be decided b}' the clmir. 11. An amendment to an original mrtion shall, in discussion, take pre- cedence of such motion : an amendment to an amendment shall be first considered, then the amendment to the motion, and lastly, the motion itself. "12. No more than one amendment to a proposed amendment to a motiim 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. Wliilst any question is being put from the chair, the members shall continue in their scats, and shall not hold any private discourse; and when a motion is so put, no member sliall retire until such motion is dis- l)osed ofi 14. When a division takes place the votes of the Clergy and Laity shall be taken separately, if required by the Tiishop or four members of each of the respective orders ; and the Lay representatives shall in all such cases vote by parishes, and when so voting, the majority shall be considered as the vote of the parish. 15. In voting, those who vote in the affirmative shall first rise, and then those who vote in the negative. 16. A question, being once determined, shall not again be drawn into discussion in the same session, without the special sanction of the Bishop. 17. No protest or dissent shall be entered on the minutes of the pro- ceedings; but, wlien required by any one member, the number of affirma- tive and negative votes shall be recorded, and when required by three of either Clergy or Lay Delegates, the names of the Clergy and Parishes voting on both sides of the question shall be also recorded. 18. The Reports of Committees sliall be in writing, signed by the Chairman, and shall be received in course, unless a motion be made for their re-committal. 19. The Chairman of the Committee, or some member deputed by him, slu.ll explain to the Synod the l)earing of any portion of the Report, if requested by any member of the Synod. 20. A motion to suspend the order of proceedings or rules for the pre- servation of order shall take precedence of all other motions, and shall lie decideelegates to tlie Provincial Synod shall be the first order of the day, after notices of motion at tlie morning session, on tlic second day of tlie annual meeting of the Synod, and shall take prece- dence of all other business. 2. Two clerical and one lay memlter shall act as scrutineers of the votes of the Clergy, and two lay and one clerical member of the Synod as scruti- neers of the votes of the Laity ; the scrutineers for each order to be appointed on motion by the members of each order separately. 3. Two ballot boxes shall l)e provided to receive the votes of the clergy and laity resiicctively. Upon each member of the Synod depositing his vote, a mark shall l)e placed opjjosite his name on the roll by th(! Secre- tary of the order to which he belongs ; and upon the requisition of any three members of the Synod, the number of votes deposited shall I)e com- pared witli the number of those who have voted upon the occasion. The scrutineers shall hand 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 then to destroy them at the end of the session. 4. Tliere shall be twenty-four delegates ele(;ted at each annual meeting of the Synod, viz : twelve clergymen elected by the clerical members, and twelve laymen by the laity, and the first twelve names in each order hav- ing the highest nund^er of recorded votes shall be declared duly elected; anil it shall be the iluty of the Clerical Secretarj^ within ten days after such election has taken place, * ^ notify the Secretary of the Provincial Synod of such appointment, anci .vithin the said period to forward also to each Delegate a certificate of his being duly elected pursuant to the Canons of this Synod. 5. When the election of Delegates to the Provincial Synod takes place si.x clergymen and six laymen shall be chosen by the same ballot, as sidjstitutes, to attend such Provincial Synod, whenever from sickness or other cause the Delegates are unable to be present, and the six Bubsiituteu so chosen 50 from ciich order slitiU be the next n;iiiie.s liighest m the list of recorded votes. And win-never any I)elei;a! ■ are iinal>Ie to attend as ulbrehaitl, they shall Ik; excused from such atlcndaMce upon ndlifyinj,' the Secretary of the Synod of the fact at least a fortnii^lit previous to the nieetinj^ of the Provincial Synod, and the Clerical Secretary of this Synod shall then notify the substitutes, selcetinij them in the order in which they stand on the list, that they are rcgether with the names, addition, and residence of the party on whose application or motion such commis- sion shall be about to issue, slnill be seat by the Bishop to the party ac- cused fourteen days at least before such commission shall issue : provided that no commission shall issue on the application of any party complain- ing until he shall have first given to the Bishop and his successors in otlice, a bond, to be approved of by the Bisliop, in the penal sum of ^2l)d, to pay all costs and expenses that the party complained of may have in- curred, in case he shall be acciuitted of the complaint, or the complaint dismissed for want of due prosecution. 3. That it shall be lawful for the said commissioners, or any three of them, to examine upon oath, or upon solemn affirmation in cases where an affirmation or declaration is allowed by law instead of an oath, which oath, or affirmati(m, or declaration, respectively, shall be administered liy them to all witnesses who shall be tendered to them for examinalion. as well by any jjarty alleging the truth of the charge or report as by the party accused, and to all witnesses whom they may deem it necessary to summon for the purpose of fully prosecuting thei-nquiry and ascertaining whether there be sufficient prinut facie ground for instituting further pro- ceedings; and notice of the time when, and place where, every such meeting of the connnissioners shall l)e holden shall be given in writing, under the hand of one of the said connnissioners, to the party accused, seven days at least before the meeting; and it shall be lawful for the party accused, or his agent, to attend the proceedings of the commission, and to examine any of the witnesses ; anil all such prehminary proceed- ings shall be private; and when such preliminary proceedings shall have byen closed, one of the said commissioners shall, after due consideration of the depositions taken before them, openly and publicly declare the opinion of the nuijority of the commissioners present at such enquiry, whether there l)e or be not sufficient prima facie ground for instituting further proceedings. 4. That the said c«)miuis8iuuers, or any threu uf tUem, shall transmit to 8 :ii it 58 I I II the Bishop, under their hands and seals, tlie depositions of witnesses taken before them, and also a report of the opinion of the majority of the com- missioners present at such in(iuiry whether or not there he sutheient pHma facie ground for instituting proceedings against the party accused ; and such report shall be tiled in the Registry of the Diocese ; and that if the party accused shall hold any preferment iji any other Diocese or Dio- ceses, the Bishoi) to whom the report shall be made shall transmit a copy thereof, and of the depositions, to the Bishop or Bishops of such other Diocese or Dioceses, antl shall also, upon the a])})lieation of the party ac- cused, cause to be delivered to such TKuty a copy of the said report anil of the depositions, on payment of a reasonable sun) for the same, not exceeding three cents for each folio of ninety words. 5. That in all cases wdien a complaint has been made under this Canon against any such Clerk, it shall be lawful for the Bisho]) of the Diocese without any further proceedings, and with the coiLsent of such Clerk and of the party complaining, if any, iirst obtained in writing, or when a con- fession in writing by such clerk shall have anticipated any proceeding, or the issuing of a commission under this C4inon, to pronounce such sentence as the said Bishop shall think fit, not exceeding the sentence which might be pronounced in due course of law ; and all such sentences shall be good and effectual in law as il" pronounced after a hearing, according to the provisions of this Canon, and may be enforced by the like means. 6. That if the Commissioners shall report that there is suflicient prima facie ground for instituting proceedings, and it the liishop of the Diocese or the party complaining shall thereupon think tit to i)roceed against the party accused, articles shall be drawn up by the direction of the Bishop, or at the instance of the party complaining, and, when approved and signed by a barrister-at-law, shall, together with a copy of the depositions taken by the Commissioners, be tiled in the Registry of this Diocese ; and any such i^arty, or any jjersou on his behalf, shall be entitled to inspect without fee such copies, ami to require and have, on demanil, 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. 7. That a copy of the articles so tiled shall be forthwith served upon the party accused by personally delivering the same to him, or by leaving,' the same at his usual or last known place of residence ; and it shall not be lawful to proceed upon any such articles until after the expiration of fourteen days from the day on which sucli copy shall have been so served. 8. That it shall be lawful for the Bishop, by writing under his hand, to require the party to aj^pear before him, either in person or by his agent duly appointed, as to the same party may seem fit, at any convenient in va h ot he sh to Ph ral Bis ')!» pliifo witliin tlu! Diocese, .•md at any tiiiu! after the expiration of the said fourteen ; 62 6. That the mu\ Ilegistnir ^liiill kofp irnli(;«'S showing tlic cnintcoR, jjrantorR, anil Parinh^.s or ('liiirclifH nicntiointil in the{^rant!*, ronvcvancfH, untl wills rcgiatcrecl. 7. That on application by any ni('ml)cr of (ho United Church of Eng land and Ireland, the said Hegiatrur Khali furniHli a copy of any such instrument, or permit a search and examination thereof, upo i payment of the fee hereafter to l)e arranged. And whereiiH it may be desirable to dc])08it the originals of such grants, conveyances, wills, in a safe and secure place, it is further enacted, I*. That the Registrar shall retain such grants, conveyances, and wills, as the parties transmitting nniy l)e desirous of having eo kept, and shull '., Clergy, and Laity, members of the said United Church of England and Ireland, nicetingin Synod, to "frame con- stitutions and make regulations * * * foi- the convenient and orderly management of the property, aft'airs, and interests of the Church," — be it enacted, that in all such Churches in this Diocese, where by reason of the seats being free no vestry can be formed, the members of the congregation of each said Church shall have the power and authorityto constitute and form a vestry ; and such vestry shall consist of such membtrs, being of the full age of twenty-one years, as shall declare themselves in writing, in a book to be procured for that purpose by tLe congregation, to be mem- u I rt3 Iwra of the United C'lmrcli ol" Enj^lnii'l nnd In'lniid.und lial)itutilly Httend- iiijj \v(Jiship ill swell Cliiin!)). And iuiny;" so lorined and constituted, Hucit vestry sliiiii liiivc the same power and uiitiiority, and do. and pcil'onn siieii matters and tiiini^s as are possessed i;nd done \>y vestries formed of hold- ers of pevvB or sittinji;s in other Chuiehes,— Provided always, that sueh vestry shall have no power or authorit" to interfere with, alter or cliango any right, or interest existing in such Church l)y virtue of any gill or endowment; sueh right or interest Iteing so* forth and recorded, either in d(.'ed of gift or endowment, or l»y ortler of the Hishop, in the hook here- inbefore directed to be provided for the enrolment of the members of the vestry; and which record shall be duly authenticated by the tht^n IniUim- bent of such Church, and Ity the majority of the members of the congre- gation then enrolling their names. XI.-ON BUILniNG AND REPAIRS OF PARSONAGES. i\ )f 1. That it shall be the recognized duty of every Parish or Mission, where no Parsonage at present exists, to erect, as soon as p(»s9ible, a suitable Parsonage, with Out-houses, for the accommodation of the Clergyman; and that until such buildings are erected, it shall be the duty of the Parish or Mission to rent a suitable residence, that the Clergyman may enjoy the same free of charge, aud indepeudeiit of any sum that may be assigned for his salary. 2. That in the event of the Parish seeking aid from the Synod towards the erection of the Parsonage, such aid shall not be grantey the Clergyman, independent of the salary assigned l)y the Parish; anil should the expense of the aforesaid additions or improvements not exceed one year's proceeds of such endowment, the expenditure shall then l)e borne by the Incumbent, desiring to make the same ; l)Ut should the expendicure sanctioned as above, exceed the full amount of the year's income from the endowmen'-, then the expenditure above Vhat sum shall become a debt due by the successor of the Incum- bent, and to be paid in the same manner as in the former case, if not already liquidated, as aforesaid, by the annual deduction of ten per cent for every year's enjoyment of the same. If a Clergyman shall subscribe lil)erally towards the erection of a Par- sonage and outhouses, or towards the cost of additions thereto, and yet should not live to enjoy the benelit of the sanie for at least one year, such subscriptions, less ten per cent, shall be returned to his family by the Parish. 6, The Parsonage being the property of the Parish, the loss of it by fire would prove a serious calaniity to the Parishioners, it shall therefore be the duty of the Churchwardens to keep the Ijuildings constantly insured, to at least two-thirds of their valut;, in some respectable ollice, and in default of their doing so, the Incumbent may eifect such insurance, ami make the expense a charge against the Parish. 7. If there be pine, elm, cedar, or any other marketal;le timber upon any glebe or globes, or any (quarry or ([uarries of stone, pits of sand, or other valuable buihling materials, luore than may be aljsolutely required for the use and improvement of the same, the surplus may be sold by the Incumbent and Churchwardens, and the proceeds thereof be applied to 9 '! ' !l \h^ III I m . I \ the building, repairs, additions, or improvement of tlie Parsonage and outhouses, and not otherwise. XII.— ERECTION AND DIVISION OF PARISHES AND SETTLE- MENT OF THEIR BOUNDARIES. 1. Be it enacted that the Clergymen and Churchwardens of any cure may, when necessary, hold a conference or conferences with the Clergy- men and Churchwardens of the adjacent Parish or Cure, and by mutual agreement arrange and define the boundary common to both, and shall report to the Archdeacon having jurisdiction, for his consideration, who shall submit the same to the Lord Bishop, with his remarks thereon ; and should his Lordship approve of the same, then the boundaries so arranged and approved shall be the boundaries of the parishes or cures aforesaid. 2. That in cases where the boundary cannot be arranged l)y such mutual agreement, then the Archdeacon shall issue a commission to two Cl6.^ymen and to one Lay Representative, none of whom shall be con- nected with such parishes or cures, authorizing them to investigate the matter and rejjort their decision to the Archdeacon for his consideration, who shall submit the same to the Lord Bishop, with his remarks thereon i and should his Lordship approve of the same, then the boundaries so arranged and approved, shall be the boundary common to the parishes or cures aforesaid. 3. That the boundary of a parish or cure being once defined, approved, and declared, may not be disturbed within the si)ace of five years, except in the case of new parishes, and every new and distinct parish that shall be erected as hereinafter provided, shall be deemed, and is hereby declared, to bo a parish or lieneiice, with the cure of souls, and that the right of presentation upon avoidance of the said benefices, unless legally vested in some other person or persons, shall vest in and be exercised by the Lord Bishop of the Diocese. 4. When any of the parishioners residing in any parish or adjoining parishes shall desire to have a new and distinct parish erected, the saiil parishioners shall present a memorial to the Archdeacon having jurisdic- tion, stating fully the reasons moving them thereto, also the proposed boundaries of the contemplated new parish, and whether the Rector or Incumbent, Rectors or Incumbents, of the Parish or Parishea aforesaid be a consenting party ; and when the said Archdeacon shall be satisfied that the provisions of the XVII section of the Church Temporalities Act have H7 been roinplied with, or fliat the mtniis for the worship of God have been provided, then the Archdeacon shall report the same to the Lord Bishop of the Diocese, who shall, on approval, declare said portion of the parish to be a new parish. In cases where the Rector or Incumbent of the existing parish or parishes withholds his or their consent from the l)reliminary memorial, that he be required to state his reasons in writing, within one month, to the Archdeacon, who is to decide on their validity. t. That the boundary of every parish, erected under the authority of these canons, be entered and registered in a book to be kept by the llegistrar of the Diocese for that ])ur))ose, and that a copy thereof be furnished to any person applying, on payment of the fee of twenty cents. XIII.— ENDOWMENT OP PARISHES. 1. Bo it enacted, that a fund be established, to be calle'^ "The General Parochial Entlowmciit Fund," to which all persons be invited to contri- bute, and from which the p iionsist of all collections for mission- ary purposes made in churches or stutions throughout the Diocese, and of all subscriptions, donatiii\d otiier securities belonging to or held by the Synod, nnd to certify thiit the same are in the possession of the Treasurer. 3. Proper vouchers .shall l)e produced for all Hank and other Stocks held by and standing in the name of the Synod. 4. In the event of any of the securities being in suit, u certiticato of the Solicitor acting on that Ijehalf shall be laid before the Auditors. 5. A detailed statement of each fund, showing the debit and credit, shall 1)(' submitted by the Treasurer of Synod for inspection and audit, not later than ten days previou.s to the meeting of Synod, and each item of del)it shall be verified by a proper receipt. G. The Auditors shall make their annual report to the Synod on the condition of the accounts, and shall hold ofiice until the appointment of their successors. 7. The fiscal year is hereby declared to terminate with the 30th day of April, and the statements above referred to shall be made up to, and all accounts closed at that period. XXV.— INVESTMENT COMMITTEE. Whereas it is expedient and necessary to form a committee for the investment of the Funds of the Diocese — ■ ' /i' ». 1. Be it enacted that a committee, to be called the Investment Commit- tee, and consisting of five members of the E.\ecuLive, be annually appointed by that body at their first meeting. 2. The duty of said Committee shall l^e to invest, take up, and re-invest all funds of the Uiocese, accruinj"; from any source whatever, in Govern- ment or County Municipal Debentures, or in real securities. 3. That when any of the Committees shall have funds on hand which they desire to invest, they shall report such fact, and the amount, to the Clerical Secretary, who shall forthwith notify the Chairman of the Invest- ment Committee, with the view of action being taken at the earliest couvcuicuce. 78 4. That the said Committee shall report to the Executive Committee at each of its regular meetings, or vvlien required, a statement showing the nature of each investment and the amount invested. 5. That a detailed statement of all securities held by the Diocese shall be submitted annually by the Executive to the Synod, with a description of the securities and the amoi nts thereof, together with the interest bear- ing on each, divided under the following heads: — Clergy Trust Fund, Episcopal and General Endowment Fund, Widows' and Orphans' Fund, Divinity Students' Fund, General Purposes Fund, Book and Tract Fund, Mission Fund, Sustentation Fund, and such other Funds as may be created, the same having first been sut- raittcd to a regular audit, and certified thereto, as provided by the Canons of the Synod now or hereafter to be in force. 6.- The Committc shall elect a Chairman, and shall rneetat Kingston at the usual time of other meetings, or whenever the Chairman may deem it necessary. 7. The Committee shall have power to make such rules and regulations to carry out this Canon as they may deem necessary. Three members shall constitute a quorum. XXVL— DIVINITY STUDENTS' FUND. 1. Be it enactefl that a Fund be established in connection with the Incorporated Synod of the Diocese o "^ntario, to be called the Divinity Students' Fund," to which all member^ yr the Church in the Diocese be invited to contribute. That such Fund shall be managed by a Committee to be appointed annually by the Lord Bishop during the meeting of Synod, consisting of four Clergymen and four Laymen, who shall make a full report of the annual meeting of Synod. Should any vacancy happen in the said Committee the same shall be filled by the written appointment of the Lord Bishop on bein-' notified of :pointed by the Lord Bishop at the annual meeting of the Synod, consistintv of five Clerical and five Lay members of the Synod, fire of whom shall be a quorum, to superintend and manage the Widows' and Orphans' Fund. Should any vacancies haj)])en in the said Committee, the same shall be supplijd by the Lord Bishop on being notified by the Cleric^al Secretary. 2. The said Committee shall meet ([Uarterly at the City of Kingston, in the months of May, September, and December, and whenever the Chair- man may deem it necessary. At their first meeting after the annual meeting of Synod they shall elect a Chairman, and the said Committee shall on the first day of the annual meeting of Synod, present to it a full ni th be 81 report of hH Inisinuss rolutive to the state unci iiianagemcut of the said Fund. 8. All rents, issues, or profits of lands or tenements held, or to be held by the Synod for the benefit of the widows and orphans of Clergymen, and all lands, monies, and securities given, or to be hereafter given for the same purpose, and the interest, dividends, and profits thereof, unless special provision be made by the grantor or donor for the distribution thereof otherwise, shall be put to the credit of the Widows' and Orjjhans' Fund. 4, That a sermon be preached and collection made annually by «very Clergyman holding a cure in this Diocese, save and excepting in sucli cases of sickness or absence from his parish as may be allowed by the Bishop, on the fifth Sunday in Lent, in every Church in which Service shall be celebrated on that day, and in every other Church or station in each mission in wliich Sunday S«'rvicew are performed, as soon thereafter as to the Incumbent of such jjurisli shall be practicable, and the proceeds of such collection shall be sent to the Clerical Secretary of Synod within one month of the taking up of the same, and shall be placed by him at the credit of the Widows' and Orphans' Fund. 6. Each licensed Clergyman within the limits of the Diocese, in order to entitle his widow and orphan children to the benefits of the Widows' and Orphans' Fund, as hereinafter i)rovided for, shall in each and every year pay to the said Fund the sum of five dollars, with all arrears of sub- scrii)tion due l)y him, dating, if he were in the Diocese at the time, from the date of the constitution of this Diocese, or if admitted to, or ordained in the Diocese since that period, then from the date of such admission or ordination, unless he shall satisfy tin- Cixty dollars per annum. And their several annuities shall be payable in four equal quarterly payments, that is to say, one on the first day of January, April, July, and October in each year : the first such quarterly payment, or such portions thereof as may have accrued from the day of the death of said Clergyman up to the sitting of the Committee, shall be duly paid to the wiclow or guardian authorized to receive the same. 83 8. Every annuitiint on the "Widows' and Orphans' Fund shall, before he or she may be paid his or her qiiarlerly annuity, make one of the follow- ing deelarations in the presence of a neighbouring Clergyman, who shall duly attest the same, DECLARATION TO HE MADE HY A WIDOW. I (name).. (residence) do herel)y solemnly declare that I am the widow of the late Rev of. and that I am entitled to an annuity from the Widows' and Orphans' Fund of the Incorporated Synod of the Diocese of Ontario. Signed and declared before me this day ) of , A.D. 18 , at f Signed CD. residence and addition. DECLARATION TO RE MADE IJY THE MOTHER OK (UTARDIAN OK ORPHANS. 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 respec- tively written below, and that they are entitled to an annuity from the Widows' and Orphans' Fund of the Incorporated Synod of the Diocese of Ontario. Signed and declared before me this day of. , A.D. 18 , at CD. residence and addition. Names Ages 9. The Committee shall have power to make such rules and regulations from time to time for the carrying out of this Canon as they may deem expedient. CANON XXIX.— OCCUPANCY OF PARSONGES. 1. That the family of a deceased Clergyman shall, from the date of his decease, be allowed three months' occupancy of the Parsonage and premises appurtenant thereto. 2. lu case any Incumbent, before his death, has caused any of his glebe lands to be sown at his own pntper costs and charges with any corn or grain, he may make and declare his testament of all the profits of the corn or grain grown on the land so sown ; or failing to devise the same, the said crops shall belong to the legal representatives of the deceased. The same rule also to apply to vegetables grown in the garden or field. 8. That grass in a meadow, cut prior to the deatli of the Incumbent shall belong to his legal representatives, but the standing grass shall become the property of his successor. II 84 4. That the successor of an Incumbent, deceased, shall, within one month after receiving the year's rent of the Glebe, or of any portion thereof, pay to the legal representatives of the deceased, such part of said rent so received as may be proportioned to the portion of the year elapsed at the date of the Incumbent's death. 5. The foregoing rules to apply also to the Incumbent himself, if com- pelled to resign his living through age, sickness or infirmity. ' > ' ii CANON XXX.— SURPLUS COMMUTATION FUND. Whereas it is expedient to provide for the distril)ution of the Surplus Commutation Fund, be it therefore enacted : 1. That as soon as the interest arising from the principal of the Clergy Trust Commutation Fund amounts to $1,000 over and above the sum required to meet the existing claims of the Commuted Clergy upon the Fund, together with the expenses of mauiigeuient, said sum of $1,000 shall be set apart as a reserve, and all interest in excess of the said $1,000 shall be appropriated to the maintenance of the non-commuted Clergy. Be it understood, moreover, that the $1,000 referred to above is not $1,000 per annum, but a block sum of $1,000. 2. That the said surplus shall be appropriated to the maintenance of the non-commuted Clergy of the Diocese, according to length of service in the Diocese. And in the case of those non commuted Clergy who were living in this Diocese at the time of the election of the present Bishop of Ontario, their seniority shall be regulated by a list to be drawn up by the Bishop of Ontario; and in the case of all Clergymen who have been admitted into the Diocese since the aforesaid election, their seniority shall be regulated by the date of their licenses. 3. That if there be any question about seniority, not provided for in this Canon, it shall be decided by the Bishop of the Diocese. 4. That as soon as said Trust Committee shall report a surplus of $40l> over and above the said before-mentioned $1,000, the said Trust Committee shall appropriate the same to the increase of the salary of the senior non- commuted Clergyman hereinafter mentioned in the 7th section of this Canon and not on the Commutation list ; the same to be paid in four equal quarterly payments, the first payment to be made at the next ensuing general quarterly payments of salaries : and so in respect of each successive sum of $400 of surplus income. And it is herel)y distinctly ST)ecitied that this provision shall not interfere with any existing arrangement with Clergymen who did not commute, but are now receiv- ing aid Irom the fund ; and no Clergyman shall receive from this fund more than $400 per annum. ::\. , :,"^ . ■,;ii^ 85 5. Any Clergyman once phiced on the suitl list ahull remain thereon so long as he fontinues to do duty in the Diocese, or is on the superaimuated list thereof, or has leave ot" al)sen(e from the Dioeese; hnt shall forfeit his claim hy removing from the Diocese, not heing superannuated, and for any time he nuiy lie under legal ecclesiastical censure. G. No Clergyman in the possession of an endowed living yielding $1,200 nett per annum shall be placed >ipon the list of annuitants as afore- said. And any annuitant accepting such a living shall forfeit his annuity from the Commutation Fund; nevertheless, it sliall he lawful for him, upon resigning such a living to he again jjlaced upon the list of annui- tants as soon as a vacancy shall arise. And nothing in this by-law shall be construed so as to prevent an exchange being made between the holder of such living and an annuitant of this fund, provided such change have the sanction of the Bishop. 7. That as soon as a surplus shall arise, it shall be the duty of the said Trust Committee to re([ue8t the Lord IJishop to furnish the said Coni- mmittee with a list of such Clergymen as are entitled to claim under this by-law. 8. That the Committee shall have power, from time, to require any annuitant or Clergyman claiming to be an annuitant, to submit a state- ment to the Bishop, as to the amount of income derived from parochial endowment. And in case of non-compliance with such requirement, within three months after being notified, in case of an annuitant, he shall forfeit all claim on the fund until ho 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 favour of the ne.xt in seniority on the list deserving until he makes such statement. CANON XXXI.— BOOK AND TRACT FUND. 1. That there be a Fund in connection with the Incorporated Synod of Ontario, to " be calk'd " The Book and Tract Fund." 2. That the said Fund do consist of all monies collected by subscrip- tions, collections, donations, legacies, or from other sources for such pur- pose. 3. That a Committee be appointed annually to manage such Fund, to meet during the week of the regular meetings of the standing Tommittees of Synod, and at such other times as the Chairman navy deem necessary. All vacancies to be filled up by the Bishop, ill I , 86 4. That it slmll he the object of ihia Committee to apply this Fund in such a way us to promote the «li -.LMniniitioii througliout the Diocese (whether hy sale or <^il't) of the Holy Scriptures, the Book of (!ommou Prayer, authorized Hymnals, Suuday School puhlications, and all such other works as are suited to j)romote a knowledge of Christianity as inculcated in tlie Formidaries of the Church of England. 5. That the Diocesan Depository (if such i)c established) be under the general supervision and control of the Committee, to whom the otVicer in charge shall make a full report, and present his account books for inspection. tJ, That the Book and Tract Committee shall have power to appoint such officers and to make such rules and regulations for the carrying out of this Canon as they may neem necessary. And they shall make an annual report to the Synod of the operations of the past year." CANON XXXn.— SALE OF RECTORY LANDS. Whereas the sales of Rectory Lands, under the authority of " The Act to provide for the sale of the Rectory Lands in this Province," have here- tofore been carried out under certain by-laws of the Executive Committee, as provided for during the seventh session of this Synod. And whereas it is desirable that the conduct anil management of such sales should be continued and had under this Canon : Be it enacted — 1. That whenever any Rector or Parish shall desire the sale of all or any of the Rectory Lands, appertaining to the Rectory or Parish, he or they shall memorialize the Eitecutive Committee for the sale of said lands, setting forth the reasons for such sale. And should the Executive Com- mittee deem it advisable that the prayer of the memorial should be com- plied with, the Clerical Secretary shall forthwith notify the Rector or Parish to proceed to appoint the valuator or valuators as hereinafter mentioned. 2. That a valuator or valuators on behalf of the Synod, each to be known as the Svnod valuator, shall be appointed by the Executive Com- mittee, who shall receive, besides their travelling expenses, |5 for each day he or they shall be occupied in such valuation, who with a second and local valuator, to be appointed and named in writing by the Rector, and with a thiru and local valuator, to be appointed and named in like manner by the Vestry of the Mother or Parish Church at the Easter Vestry Meeting, or at a special meeting called for tb(t purpose, sball on I; • V> at ^VMVIV" 87 receiving the notice in the lirHt section mentioned, as soon as possible, examine and value the lands sought to be sold, and the said valuators shall report their joint or several valnaticns in writing to the Executive Committee. 3. That should the Rector or Vestry refuse or neglect to appoint 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 tlie Rector and Church- "Wfirdens, then the valuator apjjointed by tlie Executive Committee, together with the valuator appointed l)y the Rector or Vestry, as the case may be. shall select a third person as valuator. In the event of both the Rectory and Vestry failing to appoint within the time before limited, then the valuator apointed by the Executive Committee shall act alone and report. 4. That the Clerical Secretary, on receiving such notification as afore- said, shall forthwith communicate the 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 tlie lands proposed to be sold, anci in case one only of the local valuators shall attend at the place and time appointed, the SjTiod 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 lie thinks it advisable, proceed to value alone and report. That all the reports of the said valuator or valuators shall be made to the Executive Committee as soon as possible after the value is ascertained, who may approve or disapprove thereof, refer the same back, or adopt the valuation of either one or more of the said valuators. 5. That the lands so valued shall, in the first place, be oflfered to the tenant or tenants, if any, at the valuation approved of by the Executive Committee, or sub-Committee, but if there be no tenant, or if the tenant shall within fourteen days after being notified in writing by the Clerical Secretary of the valuation, refuse or neglect to purchase at such valua- tion, then the land may be sold by private contract to any intending pur- chaser at such price as the Executive Committee, or the sub-Committee of the Executive Committee, shall deem expedient, or after being adver- tised in the local papers once a week for the four weeks next preceding the sale, and placards of the advertisement having been posted and cir- culated in the neighborhood, the land shall be sold by public auction to the highest bidder at or above the valuation there being a reserve bid to the amount of such valuation. And 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 Executive Committee or sub-Corn- 88 nilttee to dispose tl»er*(il1er of the siviti laud at such price us tlicy may (Icciu most comlucive to the interest of tlie parish. 0. That the purchaser shall pay down not less than one-seventh of the purchase money at the time of the sale, and the remainder shall be secured by a mortgajre on the premises and payable in six yearly instalments, or as may be a il-i!! ' , ■ ' ' ' V ''.;i ,' ' 'i,f»l-' • ■■■■ ■■n 'I? !'' v.ilt'TJ'i; ' ' : i II ' •(! ,';t it.I.'fn ■' ■ I' I '("''tS'll. ot l> !:t,li>iri li-'f! '. ^; ^ o^, \*^^% IMAGE EVALUATION TEST TARGET (MT-3) V ^ / (? . 1^>T^^' «!• i>^ &>- vV i; a RESOLUTIONS OF SYNOD IN FORCE. LIST OF AND ATTENDANCE ON COMMITTEES. That tho Clerical Secretary be instructed to lay on the table for the information of the Synod, a list of the Committees of this Synod, and the number of times the several members of the said Committees have attended the meetings of the same. Journal, p. 247. THANKSGIVING DAY. That the Lord Bishop be requested to appoint a day of General Thanks- giving to Almighty God, in the fall of each year throughout the parishes, missions, and places where service is performed in his Diocese, for tho many mercies vouchsafed during the past year. Journal, p. 314. ARCHDEACON TO VISIT VACANT MISSIONS. That in case of a vacancy in any parish or mission in this Diocese, tho Bishop be requested to notify the Archdeacon of such vacancy, and it Bhall bo the duty of the Archdeacon, or some other person appointed by the Bishop, within three weeks of such notification, to call a meeting of the members of the Church of England and Ireland resident in that parish or mission, at which meeting he shall pre- side, and endeavor to procure from them a guarantee of the Clergyman's salary for three years, which he shall forward to the Bishop, who shall then proceed to appoint a Clergyman to the vacant parish or mission. Journal, pp. 310, 39^. )l ' 91 EXPENSES OF ATTENDANCE AT CLERGY TRUST COMMITTEE. That the mem])ers of the Clergy Trust Coininittce, who have attended meetings of Committee, and whose expenses have been paid, shall not be called upon to refund the same, Init it must be distinctly understood that eacu and all of them shall in future i)ay their own expenses. Journal, p. 466. EXPENSES OF DELEGATES. That whereas the expenses of the Delegates attending Synod are paid by some parishes and not by othirs, and it being very desirable that uni- formity should exist throughout the Diocese, it is moved by Alf. Hooker, and seconded by the Rev. J. W. Burke, and resolved by this Synod, that every parish is morally l)ound and should cheerfully provide and pay the expenses of their Delegates attending Synod, both Clerical and Lay, and that the Secretary be requested to forward a copy of this resolution to the Incumbent of every Parish in the Diocese, to be laid before their con- gregations at Easter meetings hereafter. Journal, p. 566. the d it inted 11 a land pre- nan's shall on. 0, 39^. ORDINATION EXPENSES. That the Committee on the Divinity Students' Fund be empowered to place in the hands of the Bishop, from time to time, the state of the funds, permitting certain sums, to be applied according to his discretion, in as- sisting in case of need the candidates for Deacons' Orders in meeting un- avoidable expenses cc anected with their ordination. Journal, p. 774. ELECTION OF PROVINCIAL DELEGATES AND MISSION BOARD. That the election of Provincial Delegates and members of the Mission Board be proceeded with at the same time. That the scrutineers of the Clerical and Lay "Vote be the same for both elections, and that as the rolls of the Clergy and Laity are called over for such election, ballots shall be deposited by the electors of each order in separate boxes provided for that purpose. Journal, p. 776/ !.;1 i ili'u 92 SALE OF TRUST LANDS. That before any sale of Trust Lands (other than those ah-eady vested in the Synod) shall be authorized, notice shall bo given to the Executive Committee of the intention to ask for a sale of said land. . i „ , . Journal, p. 777. PRESENTATION OF NEW DELEGATES. That a Book be kept by the Secretaries in which are to be entered the names of the Lay Delegates to this Synod, as well as the Rules of Order. That each Lay Delegate on his first election be introduced to the Synod by two Senior Delegates of the Parish which he represents, or, in their absence, by two other Senior Delegates, and that having been conducted to the Lord Bishop by these Delegates, and the Clerical Secretary having certified that the Parochial Assessment 1ms been paid, the new Delegate shall then sign the Roll and Rules of Order, and take his seat on the Uoor of the House. Journal, p. 903. NO DEDUCTION FROM COLLECTIONS. That for the future no deduction shall be made from any collection ordered by this Synod. Journal, p. 908. i:i if!! SALARIES OF OFFICIALS. That the salary of each and every paid official of this Synod shall be fixed by the same, and that no committee shall have power to add to or diminish from it. Journal, p. 1003. CLERICAL SECRETARY'S SALARY.— Journal p. 1006, *loH J MISSIONARY SUPPORT FROM SUNDAY SCHOOLS. That the members of the Synod have heard with pleasure that the Mission Board of the Diocese has recommended that such offerings as are made towards the Mission Fund ii'om Sunday Schools in the Dioceee be or 93 should be devoted to the employment of ii Missionary to be supported either -wholly or in part, by tli(! oiTerini^s of the Sunday Scholars of the Diocese, and that this action of the Alission Board commends itself to t\e meml)er9 of the Church in this Diocese, and they beg moat cordially to uro-e upon their Iirethren throughout the Diocese the duty of co-operatiuijf in this good work. Journal, p. lOOC. LIST OP LANDS FURNISHED TO INCUMBENTS. That it shall be the duty of the Clerical Secretary to give every Clergy- man, (m first taking charge of a new Parish, a memorandum of the pro- perties held by the ('hurch in that parish. Journal, p. 1012. ASSESSMENT FUND EXPENDITURE. That the Clerical Secretary of Synod submit annually a detailed state- ment of the expenditure of the Assessment Fund. Journal, p. 1012. COEBIOENDA ET ADDENDA. At page 70, after the ligures 249, add " Journals of Synod," At page 7b, in eighth line from foot, substitute " at" for "of." At page 88, at end of sixteenth line, add " settled." UJ J Jfii;-t'i' .^^ J.* Index. Acts of Pauliajuknt : Page 2 Victoria, c. 74. . 3 7 Victoria, c. G8. . 11 Consolidated Statutes of Canada, c. 74 17 19 and 20 Victoria, c. 141 18 22 Victoria, cap. 131) 19 25 Victoria, c. 86 21 2U-30 Victoria, c. 10 25 2'J-3J Victoria, c. IG 27 29-30 Victoria, c. 1 7 29 Consolidated Statutes of Upper Canada, c. 72 30 32 Victoria, c. 30, sec. 12 (Out.) 33 33 Victoria, c. 22, sec. 5 (Ont.) 33 Affecting Eccleiiastical Rights 34 Alterations in Constitution and Rules of Order 51 Ameudiueut to motion, order of precedence 53 Amendment, only one allowed 53 Appeal to Metropolitan 60 Arrears of Parishes 47 Archdeacon to vist Vacant Missions .90 Assessments fixed by Finance Committee 50 Assessment Fund Expenditure 93 Attendance at Committees .90 Auditors, Canon on 77 Auditors, Election of.. . . < 49-51 Auditors, Presenting Reports of *. 52 Ballot to ba used on Election of Bishops 54 Ballot, Delegates to be elected by 55 Banking Account, how to be kept 50 Becpiesls, Forms of 39 Bishop, address by, always in order 52 Bishop, Canon on Election of 54 Bishop to hll vacancies temporarily 51 Bishop to appoint Committees 51 Book and Tract Fund, Canon on 85 Boundaries of Parishes 66 Certificate of p]leclioa to Secretary 47 Certificate of Election to Delegates 47 Chairman at Election 46 Christmas Offertory, Canon on 76 Churches, Canon for collections for erection of 74 Churches, Canon on erection of 74 Church, Societies Incorporation Act 11 Church Temporalities Act 3 Church Temporalities Act, authority to amend 25 Clergy Trust Commutation Fund , 69 Clergy Trust Committee, expenses of, 61 ,77 J-51 ,52 ,54 .55 ,50 ,39 .52 .64 .51 .51 .85 ,.66 ,.47 ..47 ..46 ..76 ..74 ..74 ..11 .. 3 ..25 ..69 ...91 95 Page. Olerjcal Secretary, biisinegg to be sent to 50 Clerical Secretary to call roll 51 Clerical Secretary, duties of 41) Clerical Secretary, election of 51 Commission of Enquiry 55 Committees, list of and attendance at 90 Committees, non-attendance at 51 Committees appointed by Bishop 51 Committees, Secretaries members of all 49 Commiltees, quorum of 51 Committees, when to bo appointed 51 Committees, see various titles. Collections, no deductions from 92 Commutation, surplus 84 Constitution of Synod 46 Conveyance, forms of 35-39 Custody of Deeds, Canon on • • o3 .54.55 • • • • Da ....53 .56.91 ....53 ....51 49 ....17 27 29 .54.55 .86.89 ,...61 ...52 ...53 ....53 ...53 90.93 l»7 Salaries of oflicials to he fixed by Synod 92 Sale of Rectory Lands 86 Sale of Trust Lands 02 Scrutineers of votes 55 Seal of Synod, Canon on 76 Secretaries, election and duties of 49-5 1 Sentence — how prononiiceii 59 Statistics . the (church, Canon on 73 Subdivision of the Diocese, Canon on 54 Sulistitutes for Provincial Synod 55 Sunday School su])[)ort to Missionary 92 Superannuated Fund of non-commuting Clergy 79 Sur[)lus (Jonimutation Fund 84 Suspension of rules of order 53 Synod, Acts incorporating, Diocesan and Provincial 18—19 Synod of Ontario, Act incorporating . . 21 Synod, Acts and resolutions of, when valid 51 Synod li.sts, names to be entered on 47 .Synod — %>i' whom composed 46 .Synod, opening of .'>| .Synod, quorum of 4U Synod, time and phu-i- of meeting of 49 Thanksgiving Day to i)e annually appointed 90 Treasurer, duties of 49-50 Treasurer, election of 51 Treasurer, presenting reports of 52 Trust Lands, sale of 92 Trusts authorized by ('hurch Temporalities Act 9 Trusts authorized by Church Societies Act 1 1 Trusts, forms of 40-43 IT ntiuished busine,ss, taking up 52 Vacancies — when to be filled by Bishop 5] Vestries of Free Churches, Canon on 62 Votes — how taken 53 Votes may be recorded when required 53 Votes — when to V)e taken by orders 53 Widows' and Orphans' Fund 80-83 Mgi^ii/ .