DRAFT or THE REVISED CANONS OK THE Diocese of Ontario. ADOPTED BY THE SYNOD OF THE DIOCESE, ON THE 20th JUNE, i88g. VI ^ ■^l^*-^^ OTTAWA : W. T. Mason, Book and Job Printer, Nos. 48 and 50 Queen St. 1889. DRAFT OF THE REVISED CANONS OF THE Diocese of Ontario. ADOPTED BY THE SYNOD OF THE DIOCESE, ON THE 20th JUNE, i88g. OTTAWA : W. T. Mason, Book and Job Printer, Nos. 48 and 50 Queen St. 1889. ' DRAFT OF CANONS. DIOCESE OF ONTARIO. Part I. CONSTITUTION. • Canon \ I. Membership. II. Organization. III. Order of Proceedings. IV. Rules of Order. V. Contested Seats in Synod. VI. Seal of Synod. Part II. ADMINISTRATION. VII. Duties of Officers. VIII. Committees. IX. The Executive Committee. X. The Audit and Accounts Committee. XI. The Assessment Fund. XII. The Diocesan Mission Fund. XIII. The Domestic and Foreign Mission Fund. XIV. The Episcopal Fund. XV. The Clergy Trust Fund. XVI. The Widows' and Orphans' Fund. XVII. The Clergy Superannuation Fund. XVIII. The Divinity Students' Fund. XIX. The Rectory Lands Fund. XX. The Surplus Revenue of the Kingston Rectory. XXI. The General Purpose Fund. XXII. The Church Book Depository. XXIII. State of the Church. Part III. MISCELLANEOUS. XXIV. Election of a Bishop ana Subdivision of the Diocese. XXV. The Patronage of the Rect-'es. XXVI. Delegates to the Provin^ ynod. XXVII. The Diaconate. XXVin. The Presiding Bish.y. XXIX. Discipline. XXX. Vestries. XXXI. Custody of Deeds and Parish Registers. XXXII. Parsonages. XXXIII. Parishes and their Boundaries. XXXIV. Endowment of Parishes. XXXV. Erection of Church Buildings. XXXVI. Christmas Offertory. XXXVII. Unauthorized Collections. XXXVIII. Interpretation and Repeal of Existing Canons. DIOCESE OF ONTARIO. O J^ ItT O HIT S PART I. CONSTITUTION. I. MEMBERSHIP. 1. The Synod shall consist of the Lord Bishop of the Diocese, and any coadjutor or assistant Bishop thereof, or the Bishop presiding under the Canon respecting the Presiding Bishop ; of the Priests and Deacons of the Diocese licensed by the Bishop, and those superannuated Clergy- men of the Diocese who are in good standing; and of Lay representatives elected as hereinafter provided. 2. The Clerical Secretary, under the direction of the Bishop, shall enter the names of those Clergymen who are entitled to seats in the Synod, on the Synod list hereinafter mentioned. 3. The Lay representatives shall be male communicants of the full age of twenty -one years, who have communicated at least three times within the previous year; they shall be elected as hereinafter provided at the Easter meeting held by each Clergyman having a separate cure, or at any meeting specially called by him for that purpose by giving due notice thereof on the two Sundays next preceding the meeting dur- ing Divine Service. In case of a vacancy in the cure the Easter meet- ing shall be called by the churchwardens affixing a notice of such meet- ing to the outside of the outer main entrance church door at least on© week previous to such intended meeting. 4. All lay persons within the cure, of twenty-one years of age and upwards, who at the time of the election have registered and declared themselves in writing in a book provided for that purpose by the Parish, to be habitual worshippers with that congregation and members of *ltt^ Church of England in Canada, and to belong to no other religious body, shall be entitled to vote at the election: Provided, that no such person shall vote at the election of Lay representatives in more than one con- gregation in the Diocese within the year. ^ ,. ^ .^ 6 5. The Incumbent if present, or in his absence the Curate, or in case neither the Incumbent nor the Curate be present, or if there be a vacancy in the cure a Cliairman chosen by the majority of the electors [)resent, shall preside at the election. 6. Each separate cure shall be entitled to three Lay representa- tives who shall continue in oliice until their successors are appointed. Except in the case of a first election, in each such cure the Lay repre- sentatives shall serve for three years. One of the representatives shall retire annually but he may be re-elected. In the case ot a tirst election in a cure, the first on the list of Lay representatives returned as hav- ing the highest number of votes, and certified to the Clerical Secretary, shall serve for three years; the second so returned as having the next high- est number of votes and certified shall serve for two years, and the third so returned and certified shall serve for one year. When there are two congregations in the same cure having churches, that which has the largest number of votes shall be entitled to two Lay representatives and the other to one. When there are three congregations having churches each shall be entitled to one Lay representative ; and in case there are four or more congregations in a cure having churches, the largest and the next larger congregation shall each be entitled to one Lay representative, and the remaining congregations shall have the right to unite and elect the third Lay representative. 7. No Clergyman or Lay representative of any Parish or Mission which has not paid its assessment and arrears (if any), shall sit or vote in the Synod until such assessment and arrears (if any), have been paid. When the cure is vacant from the inability or neglect of the Parish or Mission to support a Clergyman, the Lay representatives shall, after the expiration of one year from the vacancy caused by such inability or neglect, cease to have seats in the Synod. 8. The Chairman of the meeting shall without delay after each election, send to the Clerical Secretary of the Synod the amount assess- ed on the Parish or Mission, together with a certificate according to the following form : — "DIOCESE OF ONTARIO. Parish of Congregation of. I Hereby Certify that at the meeting for the election of Lay representatives for this Parish held on the day of A. D. 18 . duly elected to represent the Congregatiou of in the Synod of the Diocese for the next years, and that the following peisons being of full age and who have communicatel at least three times during the ])a3t year are the representatives of this Parish. P.O. address. for the next three years. " two years. " year. Chairman. Date I also forward herewith the assessment of the Parish, $ To the Clerical Secretary of the Synod. N.B. — This should be sent to the Clerical Secretary immediately after the election of Lay representatives." 9. On the receipt of such certificate the Clerical Secretary of the Synod shall enter the names of the Lay representatives on the Synod list to be prepared by him, which he shall cause to be printed and sent to each of the Clergy and the Lay representatives ten days before the meeting of the Synod ; and at tlie foot of the list the Secretary shall place a note indicating that the Clergyman and the Lay representatives of any Parish or Mission, the assessment on which has not been paid, may not sit or vote until such assessment and arrears (if any), have been paid. 1 0. The Chairman of the meeting shall furnish each Lay repre- aeutative with the following certificate : — "DIOCESE OF ONTARIO. Parish of Congregation of I Hereby Certify that is a duly elected Lay representative of this Parish in the Synod of the Diocese [and that he has proved to me by certificate from his Parish Clergyman that he has communicated three times within the past year]. Chairman. Date N.B.— In case the L&y representative is a resident member of the ConifreKation for which he is elected the words in brackets are to be erased. No member of Synod may lit or vote in Synod until the assessment due by his Parish is paid." 11. No person shall be permitted to take a seat in the Synod or act as a Lay representative until he has produced the last named cer- tificate or has afforded sufficient proof of his qualification and election. 8 12. If any Lay representative is -elected for more than one Parish, he shall within one week after receiving notice thereof from the Clerical Secretary, (whose duty it shall be to send auci^ ' otice) select the Parish which he intends to represent, and shall signif_) rhe same to the Clerical Secretary who shall at once notify the Incumbent or Incum- bents or, in case of a vacancy, the churchwardens, of the other Parish or Parishes for which such Lay representative has been elected, and thereupon such Incumbent or Incumbents or wardens shall proceed to call a meeting for a new election in the manner specified in section three of this Canon. Such new election shall take place within fifteen days from the receipt of the notification from the Clerical Secretary. In case such Lay I'epresentative fails to make such selection and to signify the same as hereinbefore required, his several elections shall be void and of no efiect, and the Clerical Secretary shall within ten days after the ex- piration of the time allowed for making such selection notify the Incum- bents or, in case of vacancy, the wardens of the several Parishes, requir- ing them to proceed to a new election to fill the vacancies so occasioned. 13. In the event of a vacancy occurring in the Lay representation of anv Parish or Mission, from any cause whatever, the Incumbent or, in case of a vacancy, the churchwardens of such Parish or Mission shall, in the manner and within the period specified in the next pre- ceding section, proceed to hold a new election ; and the voters at the last election shall be entitled to vote at such new election without further registration. The person elected to fill any vacancy shall serve for the unexpired term of the representative in whose stead he is elected. 14. If any Lay representative declines to serve, or at any time resigns bis seat in the Synod, or removes from the Diocese, the said seat shall become vacant. If any Lay representative secedes from the Church of England in Canada, or abstains from the Holy Communion for the space of one year, or if he wilfully absents himself for six calen- dar months from attendance at a place of worship of the Church of England in Canada, or if he is convicted of any indictable offence, he shall thereupon forfeit his seat, and the Incumbent or, m case of vacancy, the churchwardens of the Parish or Mission of which he was the Lay representative shall, within fifteen days after being made acquainted with such vacancy or forfeiture, proceed to hold a new elec- tion. If the Incumbent neglects or refuses to hold such new election after receiving a written application for a meeting for such purpose signed by three persons having the right to vote at the election of Lay representatives, and if a Sunday has passed without such meeting being called by him, any three such voters may call a meeting for such election by a notice affixed on the outside of the main entrance door of the church at least one week previous to such intended meeting. 9 15. It is the duty of every Parish to provide for and pay the necessary ex})ense8 of its Clergy and Lay representatives incurred by attendance at Synod. II. — ORGANIZATION. 1 . The Synod shall meet annually, or oftener at the discretion of the Bishop, who shall apjKjint the time and place of meeting, and shall adjrturn or prorogue the Synod as appears to hira expedient. 2. A quorum of the S>nod for the transaction of business shall consist of not less than one-fourth of the whole number of the Clergy and of the Parishes on the Synod list. Each Parish may be repre- sented by one Lay representj».tive. 3. No act or resolution of the Synod shall be valid without the concurrence of the Bishop and of a majority of the Clergy and of the Lay representatives present. This section, so far as it requires the concurrence of the Bishop, shall not apply to the election of a Bishop. 4. All Committees of Synod shall be named by the Bishop, unless their nomination be otherwise provided for. 5. Members of Standing Committees and the elective officers of Synod shall hold office until the appointment or election of their suc- cessors. The Bishop may ^11 up until the next meeting of Synod any vacancies among the otficiais of the Synod or in the Committees occur- ring fi'om anv cause whatsoever. 'o 6. The officers of the Sy lod shall consist of a Clerical and a Lay Secretary, and a Ti-easurer, who shall be members of the Synod and shall be elected annually after the introduction and consideration of the report of the Audit and Accounts Committee. The Clerical Secretary shall be elected by a majority of the Clerical members of Synod present, and the Lay Secretary by a majority of the Lay representatives present. The Treasurer shall be elected by a majority of both orders present. 7. No proposition for the alteration of any Canon shall be con- sidered or voted on by the Synod unless the proposition has been first sent to the Executive Committee, who shall cause it to be printed and sent to the members of the Synod; and such proposition if concur- red in by the Synod shall lie over until the next Session, and if approved at that Session by the Bishop and a majority consisting of two-thirds of both orders present, it shall be adopted and take effect. 8. On the final passing of a Canon it shall be engrossed in the book of Canons, and shall be read by one of the Secretaries in Synod, and the Common Seal of the Synod having been attached thereto, the Bishop shall by his signature attest the same. 10 III.— ORDER OF PROCEEDINGS. 1. The first meeting of the Synod in each Session shall be preceded by public morning or evening ])rayer and a celebration of the Holy Communion together with a sermon; and the collection at the otfertory shall be applied as the Bishop appoints. 2. After Divine Service on the first day of meeting for business the Lay Secretary shall attend at the place of meeting to receive the certifi- cates of the Lay representatives, which shall be examined by him and a Committee of two Lay representatives previously appointed by the Bishop for that purpose. 3. The Synod shall be opened with prayer ; the Clerical Secretary shall then from the Synod list call over the names of the Clergy en- titled to sit, noting those who are in attendance; and the Lay Secretary shall from the said list call over the names of the several Parishes and Missions entitled to representation, and of their Lay lepresentatives, noting those in attendance. 4. The next order of proceeding shall be the introduction and consideration ot the Keport ot the Audit and Accounts Committee, after which the election ot the officers and of the Audit and Accounts Com- mittee shall be proceeded with. 5. After these proceedings, and on all other days after Divine Ser- vice and the opening prayer, the order of business shall be as follows : (a) Reading, correcting and approving the minutes of the previous meeting. (b) Appointing Committees. (c) Presenting, reading and referring memorials and correspon- dence. (d) Presenting, reading, discussing, and, if deemed advisable, ■adopting reports of Committees in such order as the Bishop determines. (e) Giving notices of motion. (/") Taking up unfinished business. {g) Consideration of motions. G. An address from the Bishop shall be in order at any time. 7. The election of Provincial Delegates and of the Board of Dio- cesan Missions shall take place at noon on the second day of the Synod on which a morning sitting is held. 8. The minutes of the proceedings of the last day of each Session «hall be read and confirmed before the close of the Session. 11 IV. — RULES OF ORDER. 1. When the Bishop or other person presiding has taken the Chair, no member shall continue standing. 2. When any D\ember is about to speak for the information of the Synod, he shall rise and address himself to the <^hair. 3. No motion or amendment shall be considered as before the Synod (excepting such as is proposed by the Bishop, or by a Committee), unless seconded and reduced to writing. To prevent surprise, no motion, except motions in course, shnll be considered until the succeed- ing day of meeting, notice thereof having been first given. 4. No member shall speak more than twice on the same question, without permission from the Chair. 5. W hen 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 on it ; and motions for any of these purposes shall have precedence in the order here named. 6. Motions to adjouru or to lay on the table shall be decided "with- out debate. 7. When a motion h:is been read to the Synod by the Secretary, it may not be withdrawn by the mover, without the consent of the Chair. 8. Any member may require, at any ])eriod of the debate, that the motion in discussion be read for his information. 9. A member called to order while speaking shall sit down, unless permitted to explain. 10. All questions of order shall be decided by the Chair. 1 1. An amendment to an original motion shall, in discussion, take precedence of such motion ; an amendment to an amendment shall be irst considered, then the amendment to the motion, and lastly the motion itself. 12. No more than one amendment to a proposed amendment to a motion shall be in order ; yet a substitute for the whole matter may be proposed and received, provided it deals directly with the subject in iiand. 13. Whilst any question is being put from the Chair, the members fihall continue in their seats, and shall not hold any private discourse ; and when a motion is so put, no member shall retire until such motion is disposed of. 12 14. When a division takes place the votes of the Clergy and Laity shall be taken separately, if required by the Bishop 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 vote of the majority present shall be considered as the vote of the Parish. 15. In voting, those who vote in the affirmative snail first rise^ and then those who vote in the negative. 16. A question once determined shall not again be brought inta discussion in the same Session, without the special sanction of the- Bishop or other person presiding. 17. No protest or dissent shall be entered on the minutes of the proceedings ; but, when required by any one member, the number of affirmative and negative votes shall be recorded, and when required by three of either Clergy or Lay representatives, the names of the Clergy and Parishes voting on either side of the question shall be also recorded. 18. Every report of Committee shall be in writing, signed by the Chairman, and shall be received in course, unless a motion be made for its re-committal. 19. The Chairman of the Committee, or some member deputed by him, shall explain to the Synod the bearing of any portion of the re- port, if requested by any member of the Synod. 20. A motion to suspend the order of proceedings or the rules of order shall take precedence ot all other motions, and shall be decided without debate, and no order of proceeding and no rule of order shall be suspended, except upon the unanimous consent of the members- present. 21. When the Synod is about to adjourn, every member shall keep his seat until the Bishop or other person presiding has left the chair. V. — CONTESTED SEATS IN SYNOD. 1, Any member of the Synod and any member of the Church of • England entitled to vote in respect of Lay representatives objected to, may object to the claim of any person on the Synod list to take a seat i» the Synod, provided that the objection, together with the ground* thereof in writing, be transmitted by him to the Clerical Secretary, and to the person so objected to. one week at least before the meeting of Synod ; provided also, that objection may be taken and given during the session of the Synod to any person whose name has not been entered on the Synod list by the Clerical Secretary, as provided by the ninth section^ of the Canon respecting Membership, and shall be heard and decided upon forthwith by the Court hereinafter constituted. 13 2. The Chancellor of the Diocese, or in his absence or inability to act, any barrister-at-law, who is a member of the Synod, appointed by the Bishop, together with two Clerical and two Lay members, whose title to seats are not disputed before the Synod, also appointed by the Bishop on the first business day of the Synod previous to Divine Ser- vice, shall be a Court to consider such objection and to adjudicate thereon ; and to them shall be referred for final adjudication all cases of doubtful certificates submitted by the Clerical Secretary or by the Committee appointed to examine the certificates of Lay representatives. The decision of the majority of the Court, which shall be accepted as the decision of the Court, shall be reported to the Synod with all con- venient speed. Its reception and adoption shall be in order at any time, and the decision shall be final. VI. — BKAL OF SYNOD. 1. The Seal, of which an impression is in the margin hereof, is the common Seal of the Incor- porated Synod of the Diocese of Ontario ; and the Chancellor of the Diocese shall, on behalf of the Synod, have the care and custody of the said Seal. 2. The Bishop is hereby authorized to execute all deeds and documents requiring a Seal, and which, from time to time ai-e required to be exe- cuted on behalf of the Synod, pursuant to any resolution of the Synod, or of the Executive or any other Committee of the Synod. 3. The mode of execution of such deeds and documents of the Synod, requiring a seal, shall be by the Bishop causing the gaid common Seal to be affixed thereto and by his signature attesting the same. 4. All deeds and documents heretofore attested by the Bishop, and sealed with the said Seal, are hereby acknowledged as the deeds of the Incorporated Synod of the Diocese of Ontario, and binding thereon. PART II. ADMINISTRATION. VII. — DUTIES OF OFFICERS. 1. The duties of the Clerical Secretary shall be : — i (a) To preserve all papers, memorials and other documents, to conduct correspondence, to attest the public acts of the Synod, aud to 14 deliver to his successor in office all records, books and documents under his control ; (b) To enter and record in separate books the minutes of the proceedings of the several standing Committees ; (c) To cause the proceedings of each Session of Synod to be printed and distributed to its members within two months from the close of the Session ; (d) To receive all moneys paid to him under the authority of the Synod, to acknowledge the receipt of the same, to keep them safely, to enter the several amounts in books suitable for the purpose under such regulations as are made from time to time by the Synod, or the Executive Committee, or such other Committee as is appointed for the purpose, and to deposit such moneys to the credit of the Synod in such chartered bank or banks of Canada as are from time to time approved of by the Executive Committee ; (e) When there are funds requiring investment, to report such fact to the Investment Committee to the end that action may be taken thereon by them at their earliest convenience ; ( /) To take charge of all mortgage securities, and to have joint custody, with the Treasurer and the chartered bank or banks aforesaid, of all other Synod securities ; (g) To submit annually to the Auditors a full statement of the transactions connected with each fund, together with a list of the secu- rities belonging thereto, and a balance sheet as provided in the Canon respecting the Audit and Accounts Committee ; (h) To give security, under such regulations as are made from time to time by the Executive Committee, for the proper performance of his duties and for the safe custody and deposit of all such moneys as come into his hands as Clerical Secretary ; (i) To attend to all business of the Synod when not in session under the direction of the Bishop or of the Chairman for the time being of the Executive Committee ; (j) To issue, under the direction of the Bishop, a circular ten days at least before the meeting of Synod to the Clerical and Lay mem- bers thereof, stating the time and place of meeting, such business as he is directed by the Executive Committee to specify, such notices of motion as have been previously sent to him, and the order in which such motions and the business of the Synod are to be considered ; (k) Generally to perform such functions as are assigned to him from time to time by Canon or by resolution of the Syno«i 15 2. The Clerical Secretary and the Lay Secretary shall keep regular minutes of all proceedings of the Synod when in Session, record them in a book provided for that purpose, and have the notices of motions given on one day printed ready for distribution on the following morning. 3. The Treasurer shall, with the Clerical Secretary and the bank in which the deposit of the Synod moneys is made, have joint custody of all the securitief, other than mortgages, and shall see to the collection of the interest thereon, and shall report to the Synod at its annual Se:ision, and to the Executive Committee if required, on the state of the securities, and he shall sign all proper cheques issued by the Clerical Secretary. 4. (a). The Bishop of the Diocese shall nominate and appoint the Registrar, and if the office of Registrar becomes vacant from any cause whatever his successor shall be forthwith nominated and appointed by the Bishop. (b). The Registrar shall keep his office in such place as the Bishop selects, and shall keep suitable books to be provided by the Synod from time to time as occasion requires, for the proper recording of such of the official acts of the Synod as require registration, and for the entry or recording of the election or appointment of Church Dignitaries and the appointment of Clergy in the Diocese. (c). The Registrar shall keep books to be provided for him by the Synod in which he shall enter the official acts of Synod requiring regis- tration, and of the several Dignitaries and Clergy, and of the officers of Synod ; also, a short description of the boundaries of the Diocese and of the several Archdeacon I'ies, Rural Deaneries and Parishes therein ; also, a list of Clergy of the Diocese from time to time, showing such changes as are made therein and giving a statement of the respective dates of the admission of the said Clergy iiito their different Orders, and a list of the ditlerent Parishes, Missions, or Stations in which they have served. (d). The Registrar shall enter in the books so provided the date of every such grant, conveyance, or will, as is hereinafter mentioned, and the names of the grantors or testators, and of the grantee or devisee ; also, a short descrii)tion of the property, and a memorandum of the trust or object of the grant or devise. (e). The Registrar is and shall be the proper custodian of all grants, conveyances, probates or certified copies of wills or parts thereof, in any way relating to land or property granted, conveyed or devised for the benefit or use of the Church of England in this Diocese. He is also, and shall continue to be, the proper custodian of all completed or filled up Parish Registers. He is and, so far as may be, shall be the historio- grapher of the Diocese, and the proper custodian of the archives of the Diocese and of the several Parishes therein. 16 (/). The Registrar shall keep a correct record of the Letters of Orders, the Licenses, Induction Mandates, and other It^'al instruments, issued by the Bishop to the Clergy of the Diocese from time to time ; and on request the Registrar shall furnish certified copies of any such records ; and for each such copy he shall be entitled to charge the follow- ing fees, viz : — Certified copy of record of Priest's or Deacon's Letters of Orders, or of Induction Mandate 50 cents. Certified copy of any document in full, per folio 20 cents. (g). The Registrar, from time to time, on application b«ing made therefor, shall give a certificate of any entry of Birth, Death, or Mar- riage entered ir any Parish Register in his custody, and for every cer- tificate he shall be entitled to charge and receive <; fee of fifty cents. VIII. — COMMITTEES. L The following Committees shall be the Standing Committees of the Synod : — The Executive Committee, the Audit and Accounts Com- mittee, the Finance Committee, the Board of Diocesan Missions, the Committee on Domestic and Foreign Missions, the Episcopal Fund Committee, the Clergy Trust Fund Committee, the Widows' and Orphans' Fund Committee, the Clergy Superannuation Fund Com- mittee, the Divinity Students' Fund Committee, the Rectory Lands Fund Committee, the Committee on the Church Book Depository, the Committee on the State of the Church, and such additional Commit- tees as are designated by the Synod from time to time. 2. The regular meetings of the Standing Committees shall be hold in the city of Kingston in the months of May and November, during the week commencing on the Sunday which falls on or next after the €ighteenth day of each of those months ; the Board of Diocesan Mis- 45ions shall meet ut the hour of ten o'clock in the morning of Wednesday of the said week, and shall have precedence over all other Committees ; the other Standing Committees shall meet during the said week accord- ing to a schedule to be from time to time prepared and issued by the Clerical Secretary, subject to such postponements as are rendered necessary by the precedence granted to the Boarii of Diocesan Missions. A special meeting of any Committee of Synod may be summoned by the Bishop at his discretion, at such time and place as he directs. In the absence of the Bishop from the Diocese, or in case of his illness, such special meetings may be summoned by his Commissary. 3. The mover of the resolution with reference to which any Pro- visional Committee has been appointed shall be the Chairman or Con- vener of such Committee, unless and until other provision be made 17 either in the resolution itself or by the Bishop or by the said Com- mittee. , 4. The Standing Committees shall report to the Executive Com- mittee at its half yearly meetings. 5. Each Standing Committee shall at its first meeting elect a Chairman, and may m>ike such rules and regulations as are requisite for the efficient performance of its duties. 6. When no other provision is made one-third of the members of any Committee shall be sufficient for the transaction of business. The Clerical an. I Lay Secretaries and the Treasurer shall, by virtue of their offices, be members of all Standing Committees. IX. — EXECUTIVE COMMITTEE. 1. There shall be an Executive Committee consisting of twenty members nominated by the Bishop at the annual session of the Synod, ten members being chosen from the Clergy and ten members trom the Lay i-epresentatives. In addition to the twenty members so nominated, the Chancellor, the Registrar, the Lay and Clerical Secretaries, the Treasurer and the Chairmen of the several Standing Committees shall be members of the Executive Committee. The Bishop shall preside, and in his absence from the Diocese and in the absence ot his Com- missary the Committee shall elect a Chairman for the time being. Seven members shall be sufficient for tiie transaction of business. 2. Immediately after the close of the annual Session of Synod, the Executive Committee shall meet ior the purpose of appointing the two Official Auditors referied to in the (,'aiion respecting the Audit and Accounts Committee ; and such Auditors need not be members of the Synoil. 3. (a) In the event of any matter arising, when the Synod is not in Session, respecting the rights or property vested in or controlled by the Bishop or the Synod as aioiesaid, wh'cli rt-qu ires prompt action, the Ex- ecutive Committee mity institute or defend legal proceedings in relation thereto in the name of the Synod ; it may make o;* concur in any settle- ment or agreement mide in lelation thereto vvith other parties who are interested therein, and generally may do and perform all acts in respect thereto which the Synod might do or perform when in Session ; (b) 'J'he Executive Committee shall receive reports fiom all other Committees and examine and confirm, or refer back the same with instruc- tions for reconsideration, and in the event of any such Committee re- affirming its report so referred back the Chairman shall have power to decide the point or points in question ; 18 (c) It shall suUmit to Synod at its annuiil Session ii report of its proceedings since the last Session ; , (d) The payment of all accounts and of such moneys as are pro- ])erly ])ayaMe by the Synod must be atithorizeil or sanctioned by the Kxecutive Comrnittce ; (e) It shall prescribe what matter shall be contained in the circu- lar directed to be issued by the Clt^rical Secretary announcing the meet- ing of Synod, in addition to what is prescribed to be inserted in it ; ('/*) It m.iy delegate any of its powers to a Sul»-comniittee. 4. The Investment Committee shall l)e a Sul)-comnnttee of the Executive Committee, and sliall consist of the Chancellor, the Rf»gis- ti ar, the Clerical and Lay Secretaries and the Treasurer. The duty of the Investment Committee shall be to invest, take u[) and re-iuvest such funds of the Synod as n»ay be necf^ssary in Government securities, municipal debentures, the stock of any permanent l)uilding socieU' or in first njortgages on real estate ; and with the Rectors interested, may act for and represent the Executive Committee in all matters connected with the fourth, fifth and eighth sections of the Can >n on Rectory lauds. The said Committee shall present to the Executive CVnnmittee at each of its regular meetings, or when required, a statement showing the nature of each investmeiit and the amount invested. The Committee shall e'ecta Chairman and shall meet at the call of the Clerical Secretary. Three members of the Investment Committee shall be sufiiicicnt for the transaction of I)usiness. The Investment C immittee mty atithorize the Bisiiop to execute, under the seal of the Synod, full or partial discharges of all mortgages which have been paid u[) in lull or in part. X AUDIT AND ACCJU.VTS OOMMITTEB. 1. The accounts of the Synod shall bekeptnnd audited under the direction and supervision of a Committee, to be called the Audit and Acce composed of two Liymen and one Clergyman, meniljei-s of the Synod, and shall be elected at each annual meeting of Synount of the Synod shall be kept in the name of the Incorporated Synod of the Diocese of Ontario, and no money shall be withdrawn from the liank, except by cheque signed by the Clerical Secretary and the Treasurer of the Synod, ami countersigned by the 19 Bishop or, in case of his nbsence from the Diocese or of his inability tcr act, by the Chancellor of the Diocese. 3. The Audit anil Accounts Committee shall, as occasion requires, frame rules respectini^ th i keeping of the books and accounts by the officer charged with that duty, which rules shall, before coming into, force, be submitted to and a[)pioved of by the Executive Cumntittee.. I. Tlje Audit and Accounts Committee shall frame rules respecting the acknowledgement of moneys received, the piecautions to be taken to insure an elective audit of the accounts, and the mode in wliich the audit shall be conducted, which rules shall, before conning into force, be submitted to and ap[)roved of by the Executive Conmiittee. 5. The Audit and xVccounts Committee slull receive the report of the Auditors appointed as hereinafter iirovided, examine the same and the statements submitted therewith, and examine all the securities belonging to the Synod, prior to the annual meeting thereof, and com- pare the same with the said statements, and shall sr.bmit the said Auditors' rej»ort, together with their own i-eport on such examinations, and on the state of the accounts geneially, to the Synod at its annual meeting. The said report shall be printed and ready for distribution at. the oi)ening of the Synod. » G. Full statements of the transactions in connection with eachf fund during the pist year, with a list of the securities belonging thereto, and a balance slieet, shall be submitted by the Clerical Secretary to the Auditors immediately after the close of each financial year. 7. The accounts of the Synod shall be audited annually by twc- skilled Accountants, who shall be ap])ointed annually l>y the Executive Committee at its first meeting after the meeting of S}'nodv They shall make a thorough examination of the accounts, and submit their re|)ort and statement to the Chairman of the Audit and Accounts Com- mittee within three weeks after the close of the financial year. 8. No Auditor shall be eligible for more than two years in sut> cession. 9. Each Auditor shall receive for his services the sum of fifty dollars a year, or such sum as the Executive Committee from time to- time determines, and he shall attend the meetings of the Audit and Accounts Committee and the meeting of Synod while the Auditors*^' leport is under discussion. 10. Two members of the Audit and Accounts Committee shall be a quorum for all purposes. II. Each fiscal year shall terminate on the thirtieth day of April,. and the accounts, statements and audit shtli be made up to and cov^r 20 that day, and all the Sjrnod accoimts shall be closed and balanced up to that date. XI. — ASSESSMENT FUND. 1. There shiiU be a Finance Conamittee composed of six members, in addition to thi- tj^mbers by virtue of office, which Committee shall superintend tii The Beneficiaries. Rev. E. H. M. Baker 400 00 " Canon Tane 400 00 " Rural Dean Stanton 400 OO " Canon White 400 00 " E. W. Beaven 4>.0 00 " Rural Dean Bogert 400 00 " Loucks 400 00 " C. P. Emery 400 00 " Wm. Fleming 400 OO " Rural Dean Grout 400 00 Ven. Archdeacon Bedford- Jones 400 00 Rev. F. L. Stephenson 400 00 " Wm. Lewin 400 OO " A. Spencer 400 00 " A. W. Cooke 400 00 " H. Auston 400 OO " K. L. Jones 400 00 •♦ A. C. Nesbitt 400 OO XVI. THE widows' and ORPHAN's FUND. 1. There shall be a Committee, consisting of five Clerical and five Lay membei-s of the Synod, to superintend and manage the Widows' and Orphans' Fund. 2. The said Fund shall consiat of the income from all property held or to be held by the Synod for the benefit of the widows and orphans of Clergymen of this Diocese. ;: ,'. ; f 26 3. A sermon shall be preached and a collection made annually In- every Clergyman holding a cure in this Diocese (save and exceiiting in such cases of sickness or absence from his Parish or Mission as the Bishop allows as sufficient cause) on the fifth Sunday in Lent or one of the two following Sundays in every Church in which service is cele- brated on that day, and in every other Church, Chapel or Mission Station in each cure in which Sunday services are held as soon after the said Sunday as the Incumljent of such Parish or Mission finds piacticable ; and the proceeds of such collection shall be sent by the clergyman to the Clerical Secretary of the Synod immediately after the taking up of the Siiine, and shdl be placed by him to the credit of the said Fund. 4. The right of the widow and orphan children of a deceased Clergy- man to participate in the benefit of the said Fund, shall be conditional upon such deceased Clergyman having during his lifetime complied with the I'equirements of this Canon, and paid annually into the said Fund the sum of five dollars, with all arrears as herein provided, dating, if he were in this Diocese on the 25th March, A. D. 1862 from that date, or if admitted to or ordained in this Diocese since that date, then from the date of such admission or ordination, unless he satisfies the Committee of his inability to pay such arrears, in which event he shall be excused from payment of such portion thereof as the Cotumittee deems advisable. 5. Any Clergyman not in arrears to the said Fund, may com- mute his annual subscription by one payment of fifty dollars, to be placed by the Clerical Secretary to the credit of the said Fund, and every Clergyman so commuting shall be released from any further sub- scriptions or payments. 6. In case a Clergyman neglects to pay his annual subscription for two years at any time, the Clerical Secretary shall notify him that he has forfeited all claim in the said Fund. If however he at any time after- wards pays to the Clerical Secretary the suiu of five dollars for each and every year during which the same has remained unpaid, together with interest at the rate of six per centum per annum on each year's sub- scription in default, up to the time of payment, he shall be entitled to all the benefits of the Fund in the same manner as if the annual sub- scription had been paid regularly by him. 7. Nothing herein contained shall be construed to prevent the widow or orphan children of a Clergyman holding an office in the Synod or duly licensed or recognized by the Bishop as a Curate from participating in the benefits of +he Fund, although no annual col- lection has been made by him during iich time. -^^' 8. The widow and children of every Clergyman in good standing, who at the time of his death is duly licensed to the cure of souls in this Diocese, or holds office in the Synod, or is a Curate, or whose name is 27 •on the Synod list, and who has complied with the requirements of this Canon, sliall be entitled to the annuities hereinafter in this Canon pro- vided for. , ; 9. Every widow or the guardian of the orphans of a Clergyman desiring an annuity from the Fund shall present to the Committee, through the Clerical Secretary, a memorial setting forth the date of the death of thu Clergyman, the name of his widow, or of the guardian, as the case may be, and the names and ages of his children ; and such memorial shall l)e taken into consideration by the Committee at its next meeting after the receipt thereof; and if it appears that the deceased Clergyman has complied with the i-equirements of this Canon, tht- Committee shall, if the Fund suffices, make a grant not exceeding the annual sum of $200 to such widow, and the annual sum of $40 to each orphan under the age of eighteen years and unmarried. 10. In the event of a Clergyman leaving no widow, or in case of the widow dying leaving orphans under the age of eighteen years and unmarried, the annuities to the orphans shall be doubled, but in no case shall the sum granted to the orphans of any one family exceed the annual sum af $160. 11. The several annuities shall be payable in equal quarterly pay- ments on the iirst days of January, April, July and October to the widow or guardian, and the first of such ))ayments shall include the arrears of annuity due from the day of the death of the Clergyman. 12. Every annuitant on the Widows' and Orphans' Fund shall, before he or she may be paid his or her quarterly annuity, make one of the following declarations in the presence of a neighbouring Clergyman, who shall duly attest the same : — Declaration to be. made by a Widow. 1 (name) (residence) do hereby solemnly de- clare 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 Ontaiio. Signed and declared before me this ) ,c. day of ,A.D. 18 , at | (Signature.) Signed CD. (residence and addition.) ^ Declaration to be made by the Mother oi' Guardian of Orphans. 1 (name) (residence) do hereby solemnly de- clare that I am the mother (or the duly appointed guardian) of the children of the late Rev , of , whose names and ages are respectively written below, and that they are entitled to an 28 annuity from the Widows' and Orphans' Fund of the Incorporateti Synod of the Diocese of Ontario. Signed and declared before me this ) /o,- ,. \ "day of , A.D. 18 , at | (S^gn^ture.) C, D. (residence and addition.) Names Ages ■■o^ XVII. THE CLERGY SUPERANNUATION FUND. 1. The Clergy Su[)erann nation Fund shall be constituted by moneys received from the following sources : (a) An annual collection which shall be made in each Church and Station of every Parish or Mission of the Diocese where there is an established Sunday service, on the thirteenth Sunday after Trinity, or on one of the two following Sundays. (b) Benefactions and bequests. 2. The Fund shall be controlled and managed by a Committee, con- sisting of the Bishop and four Clerical and four Lay members of the Synod. 3. Any Clergyman of the Diocese who becomes incapable, by reason of age or infirmity, to minister beneficially to the Church may, should he so desire, but not otherwise, be placed by the Committee on the list of superannuated Clergy and awarded a superannuation allow- ance. 4. The amount of such allowance shall be in the discretion of the Committee, but shall not exceed the sum of $200 per annum for a Clergyman in receipt of an annuity from tha Clergy Trust Fund, or $4:00 per annum for a Clergyman not in receipt of such annuity. 5. No Clergyman who receives an allowance from the Superannua- tion Fund shall, while receiving such allowance, be entitled to receive compensation as a Clergyman ; except that any Clergyman receiving a superannuation allowance under this Canon may, with the consent of the Bishop granted at the request of the Incumbent of the Parish in which the duty is to be performed, undertake occasional duty and accept re- muneration. 6. The Committee may in its discretion discontinue any superannu- ation allowance, or vary the same from time to time within the limits prescribed by section four. XVIII. THE DIVINITY STUDENTS* FUND. 1 1. The Divinity Students' Fund shall be managed by a Committee consisting of four Clergymen and four Lay representatives. ,^ ^^ • 29 2. The said Fund shall consist of the existing Divinity Students' Fund and of all collections, subscriptions, donations and legacies given for assisting students in Divinity. 3. The Committee shall, in its discretion, when provided with the necessary funds, make a grant not exceeding the annual sum of one hundred and fifty dollars, to any student in Divinity on the following conditions : (a) That the applicant shall declare in writing that he is actually in need of assistance; (6) That lie shall furnish a bond with a pro})er security, approved by the Chancellor, that he will serve as a Clergyman for five years in the Diocese of Ontario, and that in case of failure to offer himself for ordination or to procure the necessary testimonials within three years from the date of the bond, unless delayed from illness or other cause satisfactory to the Bishop, he will refund with interest the full amount which he has received from the Fund, and that in case of liis removal from the Diocese before the expiration of five years of service therein, he will refund with interest an amount proportionate to the time of service left unfulfilled. 4. The words " students in divinity " shall mean all persons who are preparing to take either Deacon's or Priest's orders and have been accepted by the Bishop of the Diocese as candidates for the same. XIX. THE RECTORY LANDS FUND. 1. Whenever any Rector or Paiish desires the sale of all or any of the Rectory lands appertaining to the Rectory or Parish he or they shall memorialize the Executive Committee for the sale of the said lands, setting forth the reasons for such sale. And if the Executive Committee deems it advisable that the pi-ayer of the memorial should be complied with, the Clerical Secretary shall forthwith notify the Rector or Parish to proceed to appoint a valuator or valuators, as hereinafter mentioned. ^ 2. A valuator or valuators on behalf of the Synod, each to be known as the Synod valuator, shall be appointed by the Executive Committe3, who shall receive their travelling exj)enses and ^5 for each day he or they are occupied in such valuation; and the Synod valuator, with a second and local valuator to be appointed and named in writing by the Rector, and with a third and local valuator to be appointed and named in like manaer by the Vestry of the Mother or Parish Church at the Easter Vestry meeting or at a special meeting called for that purpose, shall, on receiving the notice of their appointment, as soon as possible examine and value the lands sought to be sold ; and the said 30 valuators shall report their joint or several valuations in writing to the Executive Comniictee. 3. Should the Rector or Vestry refuse or neglect to ai)point their respective valuators within one month Irom receiving notice from the Executive Committee of the intention to sell the land, which notice shall be sent by the Clerical Secretary by post to the Rector and Churchwardens, then the valuator appointed by the Executive Com- mittee, together with the valuator a])pointed by the Rector or Vestry^ as the case may be, siiall select a third i)erson as valuator. In the event of both the Rector and Vestry failing to appoint within the time before limited, then the valuator appointed by the Executive Committee shall act alone and report. 4. The Clerical Secretarv, on receiving such notification as aforesaid, shall forthwith communicate the same to the Synod valuator, who shall theieu]ion write to the local valuator or valuators appointing a time when he will in conjunction with him or them proceed to and value the lands proposed to be sold, and in case one only of the local valuators shall attend at the place and time ap})ointed, the Synod valuator shall with such local valuator proceed to value the lands and report thereon ; or in case both such local valuators fail to attend at the time and place appointed then the Synod valuator may, if he thinks it advisable, j)ro- ceed to value alone and report. All the re})orts of the said valuator or valuators shall be made, as soon as possible after the value is ascer- tained, to the Executive Committee, who may approve or disapprove thereof, refer the same back, or adopt the valuation of either one or more of the said valuators. 5. The lands so valued shall, in the first place, be offered to the tenant or tenants, if any, at th« valuation approved of by the Execu- tive Committee, but if there be no tenant, or if the tenant within fourteen days after being notified in writing by the Clerical Secretary of the valuation, refuses or neglects to purchase at such valuation, then the land may be sold by private contract to any intending purchaser at such price as the Executive Committee deems expedient, or after being advertised in the local papers once a week for four weeks next preceding the sale, and placards of the advertisement having been posted and cir- culated in the neighbourhood, 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, audit shall be left to the Executive Committee to dispose thereafter of the said land at such price as it deems most conducive to the interest of the parish. 6. The purchaser shall pay down not less than one-seventh of the purchase money at the time of the sale, and the lemainder shall be 31 secured by a mortgage on the premises payaljle in six yearly instal- ments, or as may be agreed on, with interest at seven per cent per annum. 7. All expenses attending the valuation and sale of the land shall be borne in the fir^t place by the person or persons applying for the sale, who shall with the memorial deposit the sum of twenty dollars with the Clerical Secretary. The expenses shall be refunded from the ])roceeds of the sale, and the ex|)enses of the sale, surveys and manage- ment shall be a first charge on the proceeds. 8. The Chancellor of the Dio:ese shall prepare the necessary deeds and mortgages. The expenses of conveyances, registration and Sheriff's certificates shall be paid to him by the purchaser, or with the consent of the Rector interested, the expenses of the deed shall be defrayed from the proceeds of the land sold, at the tariff to be settled by the Execu- tive Committee. All deeds and mortgages shall be executed on behalf of the Synod by the Bishop under the seal of the Synod. 9. The proceeds of the sale shall be remitted to the Clerical Secretary, who shall give receipts for the same, and pay all necessary charges and disbui-sements. The Clerical Secretary shall credit the amount so received to the capital of the Rectory interested, and the income of the investment, subject to the provisions of the statute, shall be paid at such time and in such manner as the Executive Committee api)oints. 10. The proceeds of such sales, after deducting the necessary ex- penses, shall be invested by the Investment Committee, as provided for by the Act " To i)rovide for the sale of the Rectory Lands in this Pro- vince." 1 1. The Clerical Secretary shall open and keep a debtor and creditoi' account with each Parish or Rectory of all moneys received from time to tvme on account of sales, ijivestnients and interest and necessary expenditures and payments. 12. The Clerical Secretary shall file for future reference all memorials, valuations and other papers connected with the sale of the Rectory Lands. 13. The Executive Committee shall report annually to the Synod all sales made, the terms of sale, and the mode in which the proceeds of such sales have been invested. 14. The valuations and sales of the Rectorial Lands heretofora made by the Executive Committee, and the conveyances thereof are hereby confirmed. 53 XX. SURPLUS INCOME OF THE KINGSTON RECTORY. 1. Upon the next avoidance of the first Parsonage or Rectory in the Township of Kingston, commonly called the Rectory of Kingston, the surplus of the yearly income thereof, arising as well from the investment of the proceeds of the sales of a portion of the lands of the Rectory as from the rents, issues and profits of the unsold lands belonging to the Rectory — after the payment, firstly, of all annual charges for the insurances and repairs of the properties on the said lands, and for ex])enses incurred in the getting in, management and distribution of the said 3'early income, secondly, of the sum of three thousand dollars per annum to the Rector of the said Rectory, shall be divided equally among the Incumbents of the following Cli '-ches : St. James', St. Paul's and All Saints', in the City of Kingston, and St. John's, in the Township of Kingston, and of such other Church or Churches of the Church of England in Canada as are from time to time established and set apart by the authority of the Bishop of this Diocese, either in the City of Kingston or in the Township of Kingston, and designated by him as a separate parochial charge entitled to share in such surplus : Provided that if any two of the Churches mentioned or referred to are by the Bishop at any time united and placed under one Incumbent, such Incumbent shall be entitled to only one share in the said surplus. 2. If a vacancy occurs in the Incumbency of any of the Churches mentioned or referred to in the first section ot this Canon, its share of the said surplus accruing during the vacancy shall be first ap|)lied to- wards providing, with the sanction of the Bishoj), for Divine Service in the Church during the vacanc}', and then to making good any loss of capital, and the remainder, if any, shall be divided equally among the Incumbents of the other separate Churches in the City and Township of Kingston. 3. The proj)erty, real and personal, of the said Rectory shall, after the next avoidance thereof, be managed by a Committee known as the King- ston Rectoi-y Committee, consisting of the Rector and the Incumbents of Churches entitled to share in the surplus, with the Chancellor, the Treas- urer of the Synod, the Clerical and Lay Secretaries, and such Lay represen- tative of each of the Churches mentioned or referred to in the first section of this Canon, not being interested directly or indirectly as a tenant, oc- cu})ant, or intending purchaser of any of the said lands, as is annually -chosen by his co-re})re.sentatives within one week after the Easter Vestry jneeting. 4. The Rector shall be the Chairman, and during his absence or a ■vacancy in the Rectory such member of the Committee as it selects. The Committee shall meet whenever called by the Rector or any three 33 meriibei-s of the Committee. Five members of the Committee sliall form a quorum. The Committee shall have power to aijpoinc all such offioera as it deems necessary for the efficient manajjement of its affairs, and to make such rules and regulations as are requisite to carry out the pro- visions of this Canon. 5. The said Committee shall submit a rejjort of its proceedings at each meeting of the Synod. XXI. THE GKNERAL PURPOSE FUND. 1. There shall be a Fund to be known as the General Purpose Fund for the granting of aid towards the erection and maintenance of Church- es, Parsonagert and Parochial Schools in this Diocese, for the purchasing of burial grounds, for defraying ex[>en8es connected with the manage- ment of the Synod and its trusts, and for aiding such general purposes and objects of the Church in this Diocese as are not under the special control of any Comm'^tee of the Synod. 2. Such Fund shall be formed froui such donations and grants as are from time to time hereafter made lor such General Purposes. 3. Such Fund shall be administered and managed by the Executive Committee of Synod, which shall have power to administer, sell, lease, and dispose of all lands pertaining to such Fund; to administer and dis- pose of any sum or sums of money, or any security or securities for money hereafter given, paid, assigned, or devised to the said Fund, and further from the same resources to grant such aid and to make such payments to any of the objects above recited as the Committee in its dis- cretion sees fit, and the Committee shall leport at. the annual meeting of Synod. 4. The saiil Executive Committee may make such rules and regula- tions as are requisite for the carrying out of the provisions of this Canon. ,. , . XXII. THE CHURCH BOOK DEPOSITORY. " 1. A Committee shall be appointed annually consisting of three Clergymen and three Lay representatives for the management of the Church Book Depository ; the Committee shall ap}K)int a manager who shall make a full report to the Committee at its regular meetings and present his account books for inspection. The Committee shall make an annual report of the operations of the past year. . . . < . f : . XXIII. STATE OF THE CHURCH. 1. Every Clergyman having a separate cure of souls shall annually, so far as his cure is concerned, prepare a correct statement of the num- ber of church families, individuals and communicants, of the number of 3 34 baptisms, confiriuHtions, marriages, burials and celebrations of the Holy Communion, of the number of Ohurchef, Chapels and Mission Stivtions and of Public Services, of the number of Sunday and Parochial Schools, with the numljer of children attending the same respectively, o^ the amount contributed at the regular Sunday Services and by special col- lections, of the amounts expended for the Incumbent's stipend, for the Church, Parsonage and other parochial objects, and of all sums contri- buted for Church objects outside ot the cure, and he shall also report any other items of interest. 2. The Clerical Secretary shall send annually to every such Clergy- man during the fii-sc week in April, a form prep'u-ed under the direction of the Executive Committee, which form properly tilled up by the Clergyman, for the year ending the twenty-tifth day of April, shall be returned by him on or before the first day of May to the Clerical Secretary. 3. A Committee shall be appointed annually on the stj\te of the church consisting of four Clergymen and four Lay re})resentatives, who shall from the returns sent to the Clerical Secretary prei)are a report on the matters mentioned in the first section of this Canon. PART III. MISCELLANEOUS. XXIV. THE ELECTION OF A BISHOP AND THE SUBDIVISION OF THE DIOCESE. 1. In the event of a vacancy in the See, the Secretaries of the Synod shall within one week from the occurrence of such vacancy, or its announcement to this Diocese, memorialize the Metropolitan, or in the event of his absence, or refusal or neglect for twenty days to act, or of that office being vacant, then the senior Bishop of this Ecclesiastical Province who is willing to act, praying him to summon a meeting of the Clergy and Lay representatives of the Synod, at the Cathedral city of this Diocese, to elect a successor, such meeting to be held within thirty days of the receipt of the memorial, and to be presided over by the Bishop calling the meeting, or in the case of his death, illness, or inability from other cause to preside, then by some other Canadian Bishop; and the said Metre joolitan or other Bishop shall give at least fifteen days' notice of the time and place of such meeting. 2. In the event of a subdivision of this Diocese, the Bishop shall summon the Clergy and Lay representatives, to be included within the new Diocese, to meet at such time and place as he appoints for the pur- 35 pose of electing a Bishop, at which meeting the Bishop, or the Bishop appointed by him under the Canon respecting the presiding Bishop, shall preside. 3 . In the election to a vacant See, or to a new See, the Clergy and Lay representatives entitled to vote at meetings of Synod, shall vote separately by ballot ; the Clergy as individuals, and the Lay represen- tatives by parishes. A majority of votes in each order shall determine the choice, provided that two-thirds of the Clergy entitled to vote be present, and two-thirds of all the Parishes entitled to vote bo repre- sented ; otherwise two-thirds of the votes of each order present shall be necessary to determine the choice. 4. Any Clergyman elected a Bishop, and holding at the time of such election any preferment or benefice, shall resign such preferment or benefice prior to his consecration. And in case the Bishop of this Diocese is elected Bishop of another L»iocese, and accepts, or in case of his resignation and the acceptance thereof by the Metropolitan, this See shall be ipso facto vacant. 5. In the event of the subdivision of this Diocese the poi'tioa intended to form the new Diocf se shall be bound in ail its proceedings by the Canons of this Diocese until altered by its Synod. 6. The provisions of the Canon respecting contested seats in Synou shall apply to every contestation of the claim to a seat in the meeting hereinbefore referred to. XXV. THE PATRONAGE OF THE RECTORIES. \. During the life or incumbency of the Right Reverend J. T. Lewis Lord Bishop of the Diocese of Ontario, the appointment to all Rectories' within his Diocese shall be vested in him, as such Bishop ; and such appointments to Rectories as have been made in this Diocese since the session ot this Synod, in April A.D. 1862, are hereby confirmed. XXVI. ELECTION OP DELEGATES TO THE PROVINCIAL SYNOP. 1. In the election of Delegates to the Provincial Synod two Clergy- men and one Lay representative shall act as scrutineers of the votes of the Clergy, and two Lay representatives and one Clergyman as scruti- neers of the votes of the Laity; the scrutineers for each order shall be previously appointed on motion by the members of each order respec- tively. 2. Two ballot boxes shall be provided to receive the votes of the Clergy and Laity respectively. Upon each member of the Synod de- positing his vole, a mark shall be placed opposite his name on the roll by one of the scrutineers of the order to which he belongs ; and upon the 36 requisition of any three members of the Synod, the number of votes deposited shall i>H compared with the number of those who have voted. The scrutinei vs shall hand over the votes to the Secretaries of the Synod, whosH duty it shall be to preserve them until the election of Delegates shall lie completed, and to destroy them at the end of the Session. 3. There shall be twenty-four Delegates elected at each annual meet- ing of the Synod, viz: twelve Clergymen elected by the Clergy, and twelve Laymen by the Lay representatives, and the first twelve names in each order having the highest number of recorded votes shall be de- clared duly elected. 4. When the election of Delegates to the Provincial Synod takes place, the six Clergymen and the six Laymen whose names stand next highest in number in the counting of the ballots after those of the Dele- gates elected, shall be substitutes, to attend such Provincial Synod, whenever, from sickness or other cause, the Delegates are unable to be present. 5. In the event of the scrutineers reporting that two or more per- sons have an equality of votas either as Delegates or substitutes, the Bishop shall determine his or their priority. 6. Whenever any Delegate is unable to attend as aforesaid, he shall be excused from such attendance upon notifying the Clerical Secretary of the Synod of the fact, at least a fortnic^ht previous to the meeting of the Provincial Synod, and the Clerical Secretary shall then notify one of the substitutes in the order in which lie stands on the list, that he is required to attend the said meeting instead of the Delegate ex- cused. 7. The election ot the Clerical and Lay Delegates shall be certified under the hand and seal of the Bishop, and the certificate shall be for- warded by the Clerical Secretary of the Synod to the Secretaries of the Lower House of the Provincial Synod within fourteen days after such election; and in case any of the said Delegates mentioned in such certi- ficate is unable to attend, a certificate signed by the Bishop or in his absence by the Clerical Secretary, "that A. B. being a Clerical (or Lay) Delegate from the Diocese of Ontario is unable to attend and C. D. is authorized by vote of the Synod to fill his place as Delegate," shall be sent to the Secretaries of the Lower House of the Provincial Synod. XXVII. THE DIACONATE. L When any person has been accepted and ordained by the Bishop as a Deacon under Canon eighteen of the Provincial Synod, which enacts : — 37 " A Deacon need not surrender his worldly calling^ or business (said calling being approved by the Bishop) unless he be a candidate for the office of a Priest, and he shall not be admitted to the Priesthood till he shall have passed a satisfactory examination in Latin and Greeks and have further complied with such other requirements as the Bishoi> of each Diocese may impose ; " Every Deacon who shall from necessity be placed in charge of a Parish or Mission shall be under the direction of a neighbouring Priest until he be advanced to the Priesthood ;" He shall be entitled to sit and vote with the Clergy in the Synod of this Diocese as long as he holds the license of the Bishop. 2. Such Deacons and their families shall have no claim whatsoever as beneficiaries on any of the various funds pubscribed, collected or held in trust for the benefit of the Clergy or their families. 3. When any such Deacons have, in accordance with the require- ments of Canon eighteen of the Provincial Synod, been duly admitted to Priest's Orders by the Bishop of this Diocese, the claim of such Deacons or their families as beneficiaries of the funds and temporalities held in trust by the Synod for the benefit of the Clergy and their families shall date only from their ordination to the Priesthood. XXVII [. THE PRESIDING BISHOP, 1. The Bishop of this Diocese may if occasion requires, appoint, with full or limited powers, another Bishop to preside at any meeting of the Synod during its session. 2. Such Bishop so appointed shall be by virtue of his appointment a member of the Synod duiing its Session, subject to the powers granted him by the Bishoj); and all business transacted and Canons passed or confirmed at such Sesbion shall have the same effect and validity as if the Bishop of this Diocese had presided. 3. The Bishop of this Diocese, during the Session of the Synod, may, when he desires to leave the Chair temporarily, appoint one of the members of the Synod to preside during his absence. 4. Wherever the words " the Bishop " occur in the " Order of Pro- ceedings," or in " The Rules of Order," they shall be taken and read as meaning and including any Coadjutor or Assistant Bishop of this Dio- cese, or the Bishop appointed under this Canon. ,. , . . ■ '} ' XXIX. DISCIPLINE. , ' - 1. There shall be a Court of this Diocese, called *' The Court of the Diocese of Ontario," for the prosecution, hearing ami trial of all 38 ecclesiastical causes within this Diocese, and of all offences of the Laity, as well as the Clergy, against the laws ecclesiastical, against the provi- sions of the statutes constituting and affecting the Synod, and the Canons, rules and regulations of the Synod. 2. Every Priest or Deacon holding the license, or any office or charge under the jurisdiction of the Bishop of this Diocese who is charged with any of the following offences or concerning whom there exists scandal or evil report as having been guilty of any of the offences mentioned in this section shall be liable to trial and punishment, as hereinafter provided, namely : for any crime or immorality, for drunk- enness, profane swearing, or any other scandalous, licentious or disor- derly conduct ; for any wrong doing or wilful neglect in the discharge of the duties of any office or position of trust to which he has been appointed by the Bishop or the Synod ; for discontinuing the exercise of his Ministerial office without lawful cause or leave of the Bishop ; for ceasing, without permission of the Bishop, to perform Service in or at the Church or Churches within the Parish, Mission, or Charge to which he has been appointed ; for exercising any lay profession or occupation unconnected with his sacred calling, without the sanction of the Bishop ; for the disuse, after notice from the Bishop, of Public Worship or of the Holy Eucharist accoi-ding to the offices of the Church ; for the infringement, after notice from the Bisho]), of the X'ubrics of the Book of Common Prayer ; for schism, or separating himself from the Com- munion of the Church ; for heresy, or teaching or maintaining heretical doctrines, or for teaching or maintaining docti'ines contrary to those of the Church, such teaching or maintaining being by way of writing or printing, preaching or public teaching, or circulating books cintaining sucih doctrine; for holding Service in any other Clergyman's Church or Parish, Mission or Charge, without such Cltr.yman's const nt; for per- mitting unautliorized persons to officiate in the Church ; for non-resi- dence without leave of the Bishop ; for officiating at the services of religious bodies not in communion with the Church of England ; for any act which involves a breach of his Ordination Vows ; for any violation of the provisions of the statutes constituting the Synod, or of the Con- stitution of the Synod, or of any of the Canons, Rules, Regulations or Resolutions of the Synod ; or for incapacity or neglect in the discharge of his parochial duties whereby his usefulness in his Parish or Mission appears to be gone. 3. The Bishop, on the application of any person complaining, or if he thinks fit, of his mere motion, may issue a Commission under his hand and seal to five Priests, of whom one chall be an Archdeacon or Rural Dean within this Diocese, or in case of the absence or sickness of the Archdeacon, should there be only one Archdeacon of this Diocese, then to any five Priests whom the Bishop of this Diocese appoints, for the purpose of making inquiry as to the grounds of such charge or re- 39 port : provided always that notice of the intention to issue such Commis- sion under the hand of the Bishop, containing an intimation of the na- ture of the offence, together with the names, addition, and residence of the person on whose application or motion such Commission is about to issue, shall be sent hy the Bishop to the ]jerson accused fourteen days at least before such Commission shall issue : provided also, that no Com- mission shall issue on the application of any person complaining until he has first given to the Bishop and his successors in office, a bond, to be appro'^'ed of by the Bishop, in the penal sum of $200, to pay all costs and expenses that the person complained of may have incurred, in case he is acquitted of the complaint, or the complaint is dismissed for want of due prosecution. 4. The said Commissioners, or any three of them, may examine under the declaration allowed by law all witnesses who are tendered to them for examination, as well by any person alleging the truth of the charge or report as by the person accused, and all witnesses whom they deem it necessary to summon for the purpose of fully prosecuting the enquiry and ascertaining whether there be sufficient ground jjrima /aci'e for instituting further proceedings. , . .^i ■-. 5. Notice of the time when, and place where, every such meeting of the Commissioners is to be holden shall be given in writing, under the hand of one of the said Commissioners, to the person accused, seven days at least before the meeting. 6. The person accused, or his agent, may attend the proceedings of the Commission, and may examine any of the witnesses. 7. All such preliminary proceedings shall be private, and when such preliminary proceedings have been closed, one of the said Con mis- sioners shall, after due consideration of the depositions taken before them, openly and publicly declare the opinion of the majority of the Commissioners present at such inquiry, whether thete be or be not sn&cient pri7na /acie ground for instituting lurther proceedings. . < 8. The said Commissioners, or any three of them, shall transmit to the Bishop, under their hands and seals, the depositions of witnesses taKen before them, and also a report of the opinion of the majority of the Commissioners present at such inquiry whether or not there be sufficient prima fade ground for instituting proceedings against the person accused ; and such report shall be filed with the Registrar of this Diocese ; and if the person accused holds any preferment in any other Diocese or Dioceses, the Bishop to whom the report is made shall transmit a copy thereof and of the depositions to the Bishop or Bishops of such other Diocese or Dioceses, and shall also, upon the application of the person accused, cause to be delivered to such person a copy of the Said report and of the depositions, on payment of a reasonable sum for the same, not exceeding three cents for each folio of ninety words. 40 ■" ■ 9. Whenever a complaint has been niiule under this Canon against any Priest or Deacon the Bishop of this Dioceso, without any further proceedings, and with the consent of such Priest or Deacon and of the person complaining, if any, first obtained in writing, or whenever a confession in writing by such Priest or Deacon has anticipated any pro- ceeding or the issuing of a Commission under this Canon, may pro- nounce such sentence as the said Bishop thinks tit, not exceedir g the sentence which might be pronounced in due course of law ; and all such sentences shall be good and efiectual in law as if pronounced after a hearing, according to the provisions of this Canon, and may be enforced by the like means. 10. If the Commissioners report that there is sufficient prima facie ground for instituting proceedings, and if the Bishop of this Dio- cese or the person complaining thereupon thinks fit to proceed against the person accused, articles shall be drawn up by the direction of the Bishop or at the instance of the person complaining, and, when approved and signed by a barrister-at-law, shall, together with a copy of the depo- sitions taken by the Commissioners, be tiled with the Registrar of this Diocese ; and any such person, or any person on his behalf, shall be entitled to inspect without fee such copies, and to require and have, on demand from the Registrai- (who is hereby lequired to deliver the same), copies of such depositions, on payment of a reasonable sum for the same, not exceeding three cents for each folio of ninety words. 11. A copy of the articles so tiled shall be forthwith served upon the person accused by personally delivering the same to him, or by leaving the same at his usual or last known place of residence ; and no such articles shall be proceeded upon until after the expiration of four- teen days from the day on which such copy has been so served. 12. The Bishop, by writing under his hand, may require the person to appear before him, either in person or by his agent duly appointed as to such person seems tit, at any convenient place within this Diocese and at any time after the expiration of the said fourteen days, and to make answer to the said articles within such time as to the Bishop seems reasonable ; and if the person appears, and by his answer admits the truth of the articles, the Bishop or his Commissary specially appointed for that purpose, shall forthwith proceed to pronounce sen- tence thereupon, according to the ecclesiastical law and the statutes of this Province enabling the members of the United Church of England and Ireland to meet in Synod. 13. Every notice and requisition to be given or made in pursuance of this Canon shall be served on the person to whom the same respec- tively relate, in the same manner as is hereby directed with respect to the service of a copy of the articles on the person accused, ^.t,.!,, t . . 41 14. If the person HccuseU refuses or neglects to appear an^i make- answer to the said articles, or appears and makes any answer other than an unqualified admission of the truth thereof, the Bishop shall proceed to hear the cause, with the sssistance of three Assessors nomi- nated by him, one of whom shall be his Chancellor, or a barrister of not less than seven years standing, and another the Dean of his. Cathedral Church, or one of his Archdeacons ; and v.pon the hearing of such cause the Bishop shall determine the same and pronounce sentence thei'eupon, according to the ecclesiastical law and the statutes of this- Province enabling the members of the United (Jhurch of England and Ireland to meet in Synod. 15. All sentences pronounced by ihe Bis.hop or his Commissary in pursuance of this Canon, shall be good and effectual, and binding on all persons concerned therein ; and such sentences may extend to admoni- tion, susj)ension, or to deposition or deprivation, as provided by the said statutes of this Province in the preceding section mentioned. Should the sentence be one of admonition, it may be public or private, as the Bishop determines. When the penalty of t^uspension is inflicted,, such sentence shall sjjecify the terms thereof and the period of duration. Removal of a Clerk in Holy Orders from ofhce in the Church shall be considered to include deposition and deprivation. U[)on such sentence being pronounced, the connection between him and his Parish or Congre- gation shall be ipso facto severed, and all other offices, rents, issues,^ profits, and emoluments which he may have held by virtue of such office or ministry, from which he has been removed, shall wholly cease and determine. A copy of the sentence shall be sent to the accused,, and another to the Vestry or Vestries of the Parish or Parishes, Congre- gation or Congregations, with which he may be canonically connected,, and stich other [)ublicity may be given to it as the Bishop or his Com- missary deems expedient. ■ .-.:•!:'.:•> . ... . i.r- 16. It shall be within the power of the Bishop, by virtue of his office, and not inconsistent or contrary to this Canon, to admonish those ofTending, which admonition, for any offence mentioned in the second section of this Canon not made a subject for judicial enquiry or presentment, shall be made in private ; upon a subsequent ofience, it shall be public or private at the discretion of the Bishop, and made in such manner as to the Bishop seems proper. ., , , 17. In every case in which from the nature of the offence charged, it appears to the Bishop that gi'eat scandal is likely to arise from the person accused continuing to perform the Services of the Church while such charge is xinder investigation, or that his ministration will be use- less while such charge is pending, the Bishop may cause a notice to be served on such person, or at any time pending any proceedings under this Canon, inhibiting the said person from performing any Services of the Church within this Diocese, from and after the expiration of four^ 42 teen clays from the service of such notice, and until sentence has been given in tlie said cause ; provided that such pei-son, being the Incum- bent of a benefice, within fourteen days after the service of said notice, may nominate to the Bishop any fit person or persons to perform all such Services of the Church during the period in which such person is so inhibited ; and if the Bishop deems the person or persons so nomin- ated fit for the performance ot such Services, he shall grant his license to him or them accordingly ; or in case a fit person is not nominated, the Bishop shall make such provision for the Service of the Church, and for such remuneration to the person performing the same, as to him seems necessary ; and he shall provide for the payment of such remun- eration, if necessary, by sequestration of the living ; provided also, that the Bishop may at any time, revoke such inhibition and license respec- tively. 18. Any person who thinks himself aggrieved by any judgment pronounced by the Bishop, may appeal from s\ich judgment, and such appeal shall be to the Court of Appeal of the Metropolitan. 1 9. At any such inquiry, any three or more of the Commissioners, or in any such proceeding, the Bishop, or any Assessor of the Bishop, may requii-e the attendance of such witnesses, and the production of such deeds, evidences, or writings, as are necessary. 20. Every witness examined in pui-suance of this Canon, shall give his or her evidence upon solemn declaration, as provided for by "An Act respecting Extra-judicial oaths." 21. Every suit or proceeding against any Priest or Deacon for any offence specified in this Canon, or against the provisions of the statutes constituting the Synod, or against the Canons, Rules or Regu lations of the Svnod, shall be commenced within two vears after the commission of the oflfence, in respect of which the suit or proceeding is instituted shall have become publicly known, and not afterwards ; pro- vided always, that whenever any such suit or proceeding is brought in respect of an oflfence, for which a conviction has been obtained in any court of law, such suit or proceeding may be brought against the person convicted at any time within six calendar months after such conviction, although more than two years have elapsed since the commission of the offence, in respect of which such suit or proceeding is so brought. XXX. VESTRIES. 1. All members of the Church of England in Canada, male and female, being pew holders or holding sittings and paying therefor such sums as the Vestry determines, shall form a Vestry for the purposes of this Canon ; provided always, that no person shall be elected a Church- warden or allowed to vote at any Vestry meeting who is not of the full 43 age of twenty -one years ; provided also, that any person before being elected or voting shall, it required by any member of the Vestry, declare in writing at the meeting, in a book to be kept for that j>ur- pose, that he is a member of the Church of England and of no other religious body, and that he has held a pew or sitting in the Church of which the Vestry is held for six mouths previously, and that he has paid all arrears of rent or dues that have been rated or assessed by the Vestry on his pew or sitting, and that he has been an habitual attendant at Public Worship in the Church of which the Vestry meeting is held, for the space of six months previous to the meeting, 2. If a Church has been destroyed by fire or otherwise rendered unfit for the holding of Divine Service, and the congregation of such Church assemble for VVorshij) in some temporary place, the Vestry of the said Church shall be constituted under the provision regulating the Vestries of Free Churches during such occupancy ; provided that no change shall be made in the constitution of the Vestry, unless Divine Service in the said Church has been suspended for at least one year. 3. In any Church in which all the pews and sittings are free there shall be a Vestry for the purposes of this Canon, and the members thereof shall be of the full age of twenty-one years; and each such mem- ber shall declare. himself in writing at the meeting, in a book to be kept for the purpose, to be a member of the Church of England and of no other religious body, and to be habitually attending Public Worship in the said Church of which the Vestry is held, for the space of six months previous to the meeting of the Vestry. 4. If a Congregation newly formed desires to organize a Vestry without delay, a meeting of the said Congregation shall be held for such purpose after notice thereof has been given during Divine Service on the previous Sunday; and the members of such Vestry shall consist of those who make the declaration required in the next preceding section as to age and Church membership, and also declare their intention to worship habitually in such Congregation. The Vestry so constituted shall be a lawful Vestry for all the purj)Oses mentioned in this Canon for not long- er than one year from the date of its formation. 5. At all Vestry meetings the Priest or Deacon in charge shall preside, and in his absence the Curate- Assistant, or in the absence of both, such member of the Vestry as the majority, duly qualified to vote and present at such Vestry meeting, name ; and the Vestry Clerk, or in case there be no Vestry Clerk, then such person as the Chairman names shall be Secretary of such Vestry meeting; and the proceedings of such Vestry meeting shall be entered in a book kept for that purpose, and preserved in the custody of the Churchwardens. - 6. An Annual Vestry meeting shall be held on Easter Monday, after notice thereof given during Divine Service on Easter'Day,for the purpose 44 of receiving the audited accounts of the Vestry, and subsequently of appointing Churchwardens and regulating the charges and rents on all pews and sittings for the ensuing year, and for the transaction of other business connected with the temj)oralities of the Church ; provided, that in case there are more Churches than one in the Parish or Mission, Vestry meetings may be held for such Churches at any time during the Easter week, notice thereof having been given on a previous Sunday. 7. The Clergyman in charge may call a special Vestry meeting whenever he thinks proper to do so, giving notice thereof during Divine Service on the two Sundays next |)receding on which Service is held in the Church ; and also specifying the business for which such Vestry meeting is called. And he shall call such meeting upon application made to him in writing by at least six members of such Vestry afore- said ; and in case, upon such written application being made as aforesaid, such Clergyman refuses or neglects to call such meeting or to give such notice, then one week after such demand made, the said six members may call the same by notice affixed to the main entrance Church doors at least one week previous to such intended meeting. 8. The members of Vestry, at such Vestry meetings as aforesaid, may pass resolutions or make by-laws for the regulation of their pro- ceedings and for the management of the tem»)oralities of the Church, Parish or Mission to which they belong, and may alter and repeal the same : pi-ovided that at special Vestry meetings no l)usiness shall be transacted other than that specified in the notice calling ths same. 9. The fees for certificates from the Parish register shall be fifty cents for each such certificate; and the charges payable for burial plots and on breaking the ground in cemeteries and churchyards for the i)ur- pose of burying the dead, and all matters of like nature therewith con- nected, shall be regulated by the Vestry of tjje Ciiurch to which the cemetery or churchyai'd belongs. 10. At the annual Easter Vestry meeting, or any adjournment thereof, after the accounts of the past year have been audited and re- ported upon, one Churchwarden shall be nominated by the Clergyman in charge of the Rectory, Parish or Mission to which the said Church be- longs, and one other shall be elected by a majority of those present and entitled to vote at such Vestry meetings as aforesaid. If the Clergyman being present at such Vestry meetincr declines or neglects to nominate a Churchwarden, or if the said Clergyman being absent from such meeting neglects by writing under his hand to appoint a Churchwarden, then both the Churchwardens for the current year shall be elected by the memV)ers of the Vestry present; and if the members of such Vestry neglect at such Vestry meeting to elect a Churchwarden, both such Churchwardens for the cui^ent year shall be nominated by the Clergy- man. - -'-:■. 45 11. No person shall be eligible for the office of Churchwarden except a member of such Vestry and a duly qualified voter; antl the Churchwardens shall hold their office for one year from the time of their appointment, or until the nomination or election of their suc- cessoi's. 12. If any Churchwarden declines to accept office, or to act when called on by the Clergyman or Vestry, or is dej>rived of his office, or tenders his resignation iu writing to the Clergyman, or changes his residence to ten or more miles from the Church of which he as chosen Churchwarden, or becomes incapable to act or is convicted of ly indict- able otfence, or ceases to be a member of the Church of England, or of tjje Church or Congregation for which he has been elected, or ceases to attend public worship in guch Church or Congregation for the space of six months, or dies, his office shall become vacant, and a Vestry meet- ing shall be called within one month in the manner provided for in this Canon for the nomination ly the Clergyman or for tlie election by the said Vestry, as the case may be, of a new Churchwarden in place of the one whose office was vacated from any of the causes aforesaid : provided always, that in any case of such new appointment by the Clergyman, such Clergyman may, if he thinks fit, instead of a Vestry meeting being called for tlie purpose, nominate and appoint another Church- warden during Divine Service on any Sunday within the time specified for making such appointment. ' *' j ^j v : 13. The Churchwardens, in Churches other than free Churches, from time to time, may lease and rent pews and sittings in Churches where such pews and sittings are not held in freehold, u[)on such terms as are settled and appointed at Vestry meetings holden for that purpose . as provided ; and all pews and sittings shall be subject to such annual rent and other dues as are from time to time rated and assessed in respect thereof at such Vestry meetings. 14. All Churchwardens shall yearly render in writing a just, true and perfect account at the annual Easter Vestry meeting, fairly entered in a book or books kept for that purpose, signed by the said Chui'ch- wardens (which book or books shall be the property of the Vestry) of all sums of money by them veceivfd and of all sums rated or assessed by the Vestry and remaining unpaid, or otherwise due and not received, and also of all goods, chattels and other property of such Church or Parish in their possession as such Churchwardens, and of all moneys paid by such Churchwardens so accounting, and of all other things concerning their said office, which said account and book or books shall have been referred to two or more auditors appointed by the annual Vestry meeting. ■ ' • .- ' 15. In the case of the apjwintment of a new Churchwarden or Chmchwardens, the Churchwardens then retiring from office shall pay 46 and deliver over unto such succeeding Chui'chwardens the book or books and all suras of money, goods, chattels and other things which are the property of the Church, and are in their possession ; and the said book or books shall be carefully preserved by such Churchwarden'', and they shall permit any member of such Vestry as aforesaid to inspect the same at all reasonable times. In case such Churchwardens make default in yielding such account as aforesaid or in delivering over such moneys, goods or other things, as aforesaid, the succeeding Churchwar- dens shall take measures to procure such account or to recover such moneys or property. 16. No Churchwarden or Churchwardens shall permit the Church or Churches in any Parish or Mission to be used for Divine Service or any other public purpose, or the churchyanl or burial ground to be used for the purposes of interment without the consent of the Bishop or of the Clergyman appointed by him. 17. No sales of pews by the Churchwardens shall take place in any Church in this Diocese. 18. The organist shall be appointed by the Churchwardens with the concurrence of the Clergyman ; the vestry clerk, the sexton, and other subordinate servants of the Church, shall be nominated and appointed by the Churchwardens for the time being ; and their salary and wages as determined on by the Churchwardens, shall be brought into the general account to be rendered as aforesaid by such Church- wardens. 19. The provisions of the Church Temporalities Act, and of all other Acts passed subsequently thereto, are hereby repealed, so far as the same are inconsistent with the provisions of this Canon. XXXT, CUSTODY OF DEEDS AXD PARISH REGISTERS. 1. All Rectors, Incumbents, Churchwardens, Trustees, or other persons having legal custody of any grants, conveyances, or probates or certified copies of wills or parts thereof in any way relating to land or property granted, conveyed, or devised for the benefit or use of the Church of England in this Diocese, shall transmit the same to the Registrar, to be by him taken in charge as the proper custodiau thereof, and placed in the Synod vault for proper and safe keeping. 2. All Rectors, Incumbents and Churchwardens shall from time CO time transmit to the Registrar all Parish Registers which have been completed or filled up, and the Registi'ar on receiving the same shall deposit the same in the Synod vault, and shall duly acknowledge the receipt of such Registers. '- '" " ■ ' " ' 47 XXXII. PARSONAGES. 1. It shall be the duty of every Pariah or Mission, where no Par- sonage at present exists, to erect, as soon as possible, a suitable Parson- age, with out-houses, for the accomraodation of the Clergyman ; and until such buildings are erected it shall be the duty of the Parish or Mission to rent a suitable residence; and the Clergyman shall enjoy the same free of charge, and independent of any sum assigned for his salary^ 2. When the Parsonage and out-houses are erected and finished, or when, in the event of a change of incumbency, they are put in the pos- session of the Clergyman in a state of good repair, the Clei-gyman shall keep and maintain the same in as good repair and condition, ordinary wear and tear of the same excejjted ; but if the Incumbent by wilful negligence, by any act ot commission or oniission, suflfers the said build- ings to go out of repair, he shall be held responsible for the same, and it shall thereupon be the duty of the churchwardens to point out such dilapidations to the Incumbent and request him to provide a remedy for the saae ; and should he decline or neglect to repair the same, the churchwardens may, aftei* a reasonable space, employ a suitable mechanic or mechanics to execute the necessary repaii-s, and they may deduct the expense thereof, certified by the bills of the contractors or workmen, from the Clergyman's annual salary paid by the Parish. But if the Clergyman feels himself aggrieved by such t^ontemplated action of the churchwardens, he may appeal to the Archdeacon having jurisdic- tion, who shall decide the matter or (if he sees fit) may appoint a com- mittee to examine into the merits of the case, and report thereon to him; and in either case his decision shall be binding, pending which, decision the churchwardens shall suspend the contemplated action. 3. If, however, any extensive improvements or repairs become necessary from the lapse of time or otherwise, such as new roofing,^ painting, or new fences, the expense of these and all similar improve- ments or repairs shall be borne by the Parish. And the Clergyman, when such repairs are required, shall lay a detailed statement of the same with an approximate estimate of the expense, before the annual Easter meeting of the Vestry, having previously given notice of his in- tention so to do, or before a Vestry meeting specially convened for the- purpose; and if the members of the Vestry sanction the same, tht> churchwardens shall forthwith proceed, to efiect the necessary repairs,, providing for the expense thereof from the funds of the Church, by parochial subscriptions, or by any other mode determined upon by the- Vestry; but the expense of such improvements shall not be defrayed from any funds appropriated to or pertaining to the support of the Clergyman. • ^ - • ■'- - -• •■j ■■: . •^^j- ^ ■<.. v • ,•• 4. The churchwardens shall keep the said buildings insured, to at least two-thirds of their value, in some responsible office, and in default 48 of their doing so, tho Tnciuubenf. may effect such insurance, and lUiike the expense a charge against the Parish. 5. The family of a deceased Clergyman shall be allowed to occupy the Parsonnge and premises appurtenant thereto tor three months from the date of his decease. ♦ G. In ca.se an Incumbent, before his death, has caused any of the lands to be sown or planted at his own proper costs and ch;irg'\s, the crops shall belong to the legal rejjresentatives of the deceased. 7. The grass in a meadow, cut prior to the death of the Incumbent shall belong to his legal representatives, but the standing grass shall become the property of his successor. 8. The successor of a deceased Incumbent 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 the said rent so received as is proportionate to the portion of the year elapsed at the date of the Incumbent's death. 9. If the Incumbent of any Parish or cure is compelled to resign through age, sickness or infirmity, he shall be entitled to the privileges •conferred by this Canon on the family of a dec^^ased Clergyman. XXXIII. PARISHES ASD THEIR BOUNDARIES. 1. The Incumbent and churchwardens of any cure may, when necessary, hold a conference or conferences with the Incumbent and church wai'dens of any adjacent Parish or cure, and by mutual agree- ment arrange and define the boundary common to both, and shall make H report to the Archdeacon having jurisdiction, for his consideration, who shall submit the same to the Jiishop, with his remarks thereon ; and if the Bishop approves of the same, the boundaries so arranged and approved shall be the boundaries of the Parishes or cures aforesaid. 2. In cases where the boundary cannot be arranged by such mutual agreement, the Archdeacon shall issue a Commission to two Clergymen and one Lay representative, none of whom are connected with such Parishes or cures, authorizing them to investigate the matter and report their decision to the Archdeacon for his consideration, who shall submit the same to the Bishop, with his remarks thereon ; and if the Bishop approves of the same, the boundary so arranged and approved, shall be the boundary common to the Parishes or cures aforesaid. 3. The boundary of a Parish or cure being once defined, approved, and declared, may not be disturbed within the space of five yeai'S, «xcept in the case of the formation of new Parishes ; and every new and ■distinct Paiish erected as herein provided, shall be deemed, and is hereby declared, to be a Parish or benefice, with the cure of souls ; and the 49 rilclit of loesentation ui>on avoidance of the said benefices, unless legally vested in some other person or j)er8on8, shall vest in and bo exercised by the Bishop of this Diocese. 4 When any of the pnrishioners residing in any Parisli or in adjoin- ing Parishes, desire to have a new and distinct Parish erec'ed, the said parishioners shall jtresent a memorial to the Archdeacon havinti; jin-isdic- tion, stating fully the reasons moving them thereto, also the pro|)osed boundaries of the contemplated new Parish, and whether the Hector or Incumlient, or Rectors or Incumbents, of the Parish or Parishes aforesaid consent thereto, and when the said Arclideacon is satisfied that the pro- visions of the seventeenth section of the Church Temporalities Act have been complied with, or that the means for the worship of Gol have V)een j)rovided, then the Archdeacon shall report the same to the Bishop of this Diocese, who shall, on approval, declare the said portion of the Parish to be a new Pai-ish. In cases where the Rector or Incumbent of any Parish affecteil withholds his consent from the preliminarj' memo- rial, he shall be required to state his reasons in writing within one month to the Archdeacon, who shall decide on their validity. 5. Any boundary defined and established under the authority of this Canon, shall be entered and registered in a book to be kept by the Registrar of this Diocese for that purpose, and a copy thereof shall be furnished to any person applying, on payment of a fee of one dollar. 6. In case the Archdeacon having jurisdiction is the Incumbent of the Parish or cure affected by the proposed division and settlement of boundaries, the proceedings under this Canon shall be taken before the other Archdeacon or such other Clergyman as the Bishop appoints. XXXIV. ENDOWMENT OF PARISHES. , , . , ; 1. The Incumbent of every Parish where no adequate endowment already exists, may commence " A Parochial Endowment Fund." by taking up in each year a collection for the [)ur])ose in each Church and Station within the same, and soliciting, moreover, subscriptions, dona- tions, and bequests of lands or money for the promotion of the Fund, until a sufficient Endowment Fund shall have been secured. 2. All gifts or bequests of real estate, and all lands otherwise acquired by any Parish for the purposes contemplated by this Canon, shall be held by the Bishop or the Synod, in trust for the benefit of the Incumbent of the Parish for the time being ; and the said real estatw shall be managed by the Incumbent of the Parish, as in the case of the present Rectors and their glebes. 3. All such subscriptions, donations, collections, and bequests of personal property shall be vested in the Bishop or the Synod, in trust as aforesaid and, with the interest, shall be allowed to accumulate until 4 00 the sum of ^1,000 be thus secured, after which all new collections, sub- scriptions, donations and bequests of personulities sliall be invested, and the interest shall be annually appropriated towards the Incumbent's sup[)ort, and to that purpose only, and the management of such Fiiiid shall be in the Incorporated Synod of the Diocese of Ontario. 4. Whenever it is deemed advisable by the Incumbent, church- wardens and Congregation in vestry assembled, the moneys and other personal property of the Fund may, with the consent in writing tirst had of the Bishop or Synod, as the case may require, be appropriated to the purchase of a glebe or piece of land adjacent or near to the Parson- age for a glebe, as an endowment appurtenant to the same, and for the benefit of the Incumbent for the time being ; and in such case section three,80 far as it relates to the accumulation of the Fund, shall be dispensed with, so that the whole of the Fund may, if necessary, be applied to the said purchase, but with such exception, no portion of the Fund shall, under any pretext whatever, be alienated or appropriated to any other object than for the support of the Incumbent, as aforesaid : provided however, that in the event of the future division of the Parish, the Endowment Fund so created shall likewise be subject to division, in accordance with the rules and regulations adopted from time to time by the Synod of the Diocese for the division of Paiishes and of the en- dowments thereunto pertaining. XXXV. ERECTION OF CHURCH BUILDINGS. 1. No Church, Parsonage, parochial School or other C ch building shall be erected, altered or purchased, unless the plans t... leof are first submitted by the Incumbent and churchwardens, or in case of a vacancy in the cure by the churchwardens, to the Archdeacon having jurisdic- tion and are approved by him. XXXVI. CHRISTMAS OFFERTORY. 1. The offertory of the respective Congregations throughout this Diocese on Christmas day of every year, shall be devoted to the sole use of the Incumbent of the Church in which the oflfertory is made. XXXV [I. UNAUTHORIZKD COLLECTIONS 1. No Clergyman or Layman shall collect money for any Church purpose beyond the bounds of his own Parish or Mission, or proceed to any other Diocese for the same purpo.se without the sanction and ap- proval of the Bishop, and such collector shall oV)tain the sanci.'on ot each Incumbent before he makes a collection in his Parish or cure, and he shall report to the Incunubent the result of such collection. 2. No person from any other Diocese shall make collections within this Diocese without first obtaining the sanction of the Bishop. 51 XXXVIII. INTERPRETATION — AND REPEAL OF EXISTING CANONS. 1. In all Canons passed by the Synod of the Diocese of Ontario the expression " shall " shall be construed as imperative, and the expres- sion " may " as permissive. 2. All Canons heretofore passed by the Incorporated Synod of the Diocese of Ontario, and in force at the time of the confirmation of the Canons herein contained, are hereby repealed, and the said Canons hereinbefore set forth and numbered from one to thirty-seven, both inclu- sive, are substituted in lieu thereof; but such substitution shall not revive any Canon or part thereof repealed by any Canon for which thr foregoing are substituted ; and the said substituted Canons shall not be held to operate as new laws, but as a consolidation and continuation of tlie said repealed Canons, subject to the amendments and new provisions incorporated with the said substituted Canons. 3. Any reference in any resolution or proceeding of the Synod, or in any deed, instrument or document to any Canon hereby repealed shall, after these substituted Canons take effect, be held, as regards any subsequent transaction, matter or thing, to be a reference to the enact- ment in the said substituted Canons having the same effect as such repealed Canon.