V. I, , <f^

CHURCHWARDENS' MANUAL.

CONCISE MEIIORANDUM OF

LAWS, CANONS, RULES AND REGULATIONS

KESPECTIN'G

CHURCHWARDENS AND SIDESMEN

IX THE

DIOCESE OF TORONTO

ADOPTED RY THE SYNOD OF THE DIOCESE IN JUNE, 1SS6, FOR THE GUIDANCE OF
THESE CHURCH OFFICERS AND OTHERS CONCERNED.

TOR O N T O :
RowsELL & Hutchison, Printehs to the Synod.

18S6.

NoTS — Copies of this Manual can be obtained at the Synod Office, at ten oents each.

QUARTERLY AND OTHER COLLECTIONS

Appointed by the Synod are to be taken up as follows in
everiT Parish and Mission, and at every Station therein, where
there is an established Sunday Service, viz.: —

January - Mission Fund.

April -- Divinity Students' Fund.

July .-....-•.- Mission Fund.

October Widoius' S Orphans' Fund.

Thanksgiving-day Collection - Mission Fund.

Christmas-day Special Offeri.ig for the

Clergyman.

Note, — The 59th Section of the Constitution of the Synod, 1886,
and the 5th Section of Canon XII., and the Church Society Con-
stitution, Section xix., 1854-, make it the duty of every Incumbent
of a Parish or Mission to make collections for the Mission Fund,
Widows' and Orphans Fund, and Divinity Students' Fund,
respectively. See Pages 26 and 61 of the Consolidated Canons,
etc., of 1886.

COLLECTION AUTHORIZED BY THE BISHOP.
Good Friday - Jeius Society.

COLLECTIONS PRESCRIBED BY THE PROVINCIAL

SYNOD.

Epiphany" - - Foreign Missions.

Ascension Tide Domestic Missions.

The Regular Quarterly Meetings of the Standing Com-
mittees of the Synod are appointed to be held in the months
of November, February and May ; or at such other time as the
Bishop may appoint The first meeting for the organization of
Standing Committees is to be held on the day after the appoint-
ment of such Commitees, at 5:45 p.m.

Note. — The Bishop of Toronto, when in Town, may be
seen at his Room in the Synod Office, Merchants Bank Cham-
bers, 15 Wellington Street West, daily from 11 A.M. until 1 p.m.

PREFATORY NOTE AND MEMORANDA FOR CHURCH-
WARDENS.

The attention of Churchwardens is specially called to the
following :

1 . Being a corporation, their corporate powers cannot be exercised by
one of them without the consent of the other. See section 7, page 9
within.

?. The Church accounts are open to inspection by any member of the
Vestry concerned. They should be verified upon oath to the Vestry, or
audited, as provided in sections 8 and 9, page 9 within.

3. All receipts shall be deposited, as provided in section 14, page 10
within, and paid out by cheque in sums over $5.

4. In matters not lying solely in the right and power of the Church-
wardens, they are to be governed by the legal regulations, and directions
of the Vestry. Section 13, page 9 within.

5. The offertory collections are to be disposed of as pointed out in sec-
tion 5, page 12 within

6. The Churchwardens are responsible for : —

(1.) Putting up in convenient place notice of Synod collections,
and Table of Fees. Section 3, clause 10, page 11 within.

(2.) Furnishing Chainnan of Parish Meeting within twenty days
thereafter with Synod assessment, to be transmitted by him to
the Secretary-Treasurer. Section 9, page 15 within.*

(3.) Prompt transmission to the Synod office of the assessment of

the Widows and Orphans' Fund. Resolution of Synod, No.

57, in Canons ana Resolutions, 1886, p. ,e 27.
(4.) Seeing that the quarterly and other Synod collections are sent

to the Synod Office without unnecessary delay. Sections 4 and

5, page 12 within.

* By reaolutioa of Synod, the G * Purposes Committee is required to

notify the Churchwardens of each Pa the amount for which it ia assessed

and the rate of per centage charged (ol ;ueral income of the Parish from all

sources). Should the Churchwardens, i careful calculation, think that the

assessment is at variance with this basis (a^ .xed by the Synod) they can appeal ;
but this appeal, with reasons therefor, shouj d be promptly made to the Committee,
after receiving the notice, and sent without delay to the Synod Office. Should
the Churchwardens fail to appeal and fail to provide the Chairman of the Parish
Meeting with the amount of the assessment, the Parish cannot complain if its
Laj'^ Representatives are excluded from the Synod. See resolution No. 77, p. CI,
and section 16 of the Constitution of the Synod, page 7, of the Consolidated Canons
and Resolutions, 1886.

7. Dates to he observed : —

(1) A meeting of Vestry shall be held in Easter week after notice

thereof given at morning service on Easter Day. Church
Temporalities Act, Api)endix D, section 3, page 21 within.

(2) Extra meetings of Vestry may be called by (a) incumbent, (b)

by Churchwardens on request by six members, or in default, in
either case, by any six members of Vestry, on giving one
week's notice, to be posted on Church door or doors. Ibid,
section 10, page 23 within.

(3) Lay Representatives to the Synod are to be elected at the

Annual Easter Meetings, which meetings are to be called by
Incumbent in case of a vacancy by the Churchwardens. See
section 4, Appendix A, page 13 within.

(4) In case there be no election at such meeting, then a meeting

for the election to be called by the Incumbent within thirty
days after Easter Monday. In case no such notice is given, the
Churchwardens should call the meeting. Ibid, section 4, page 13.

(5) Synod electors, to be qualified, must first sign a declaration,

within the first fifteen days of January, that they are members
of the Church of England and congregation concerned, etc.
See section 8 (a), Appendix A, page 14 within.

(6) Notice to be given during Divine Service on the first and

Second Sundays of January in each year, that a book for sig-
natue of Electors, is provided by the Churchwardens. Section
8 (b) within page 14.

(7) Between the 15tli and 22nd days of January in each year the

Minister and Churchwardens are to prepare an al])habetical list
of Synod electors. Section 8 (c) within page 14.

(8) On or before the 22nd January in each year this alphabetical

list should be put up in the vestibide or inner door of the
Church, and shall remain there for inspection until the 15th
February. Section 8 (d) within page 1 4.

(9) Up to 15t!i February in each year any member may apply in

writing to the Minister or either Churchwarden to be placed
on such list, or to have any name struck off therefrom. Sec-
tion 8 (e) within page 14.

(10) A Parochial Tribunal for the settlement of these cases is to be

appointed at the Easter meeting, or at an adjourned meeting.
Section 8 (/") within page 14.

(11) Within twenty days after election of Lay Representatives the

certificate of such election and the Parish assessment should be
sent by Chairman to the Secretary-Treasurer of the Synod,
Section 9 within page 1.5.

Note. — See also periods and dates to be observed under the Eeligious Insti-
iciL ' Act, Appendix B within, page 17.

CONTENTS.

PAGE.

Title 1

Notice of Synod and other Collections 2

Prefatory Note, and Memoranda for Churchwardens 3

Contents of this Manual 5

Manual for Churchwardens — Introductory 7

I. Qualifications for Churchwardens 7

II. Appointment, Vacancy, etc 8

III. Powers and Rights and Duties of Churchwardens 8

Miscellaneous 10

TV. Security and Protection of Church Property 11

(a) Repairs of Church and Premises to devolve on Vestry 1 1

(b) Documents and Records to be kept in a Stroi^ Box. 11

V. Duties of Sidesmen 12

APPENDICES.

A. Canon on the Election of Lay Representatives 13

B. Duties of Churchwardens and others under the Religious Institu-

tions Act 17

C. Erection and Repair of Parsonage Houses 18

D. The Church Temporalities Act, 1841 20

E. Church Temporalities Amendment Act, 1866 25

F. An Act Respecting Church Wardens in the Diocese of Toronto,

1886 26

Gr. Canon No. IX. Vestries in Free Churches 26

MAN DAL FOR CHURCHWARDENS.'

INTRODUCTOKY.

1. The office was originally devised about the 13th centnry to relieve Deacons of
the care of donations in kind for repair of the church fabric. Next, Wardens became
charged with the duty of disposing of these donations, applying proceeds to the
repairs, and taking care generally of the church and its furniture. See Bingham,
Church Antiquities I. 230; II. 15, 20, Robertson Church History I., 8, 57, 300;
Johnson's Canons, II. 338 (Reynold's Constitution of 1332).

2. Subsequently, there devolved on them the duties (formerly discharged by
" Testes Synodales,") of reporting oflFenders to the Bishop for ecclesiastical disci-
pline. See Barns's Ecclesiastical Law I. 398, 408 ; Johnson as above ;

3. As ("istodians of the fabric and furniture they have always been necessarily
subordinate to the Incumbent : Brice's Laws relating to public worship, 267 ;
Pinnock, 21 ; Bums, I. 398, Lord Stowell, (in Pinnock's Church Keys,) Cripp's
Law of Clergy, 177.

4. In letting pews and assigning burial places, they acted independently : Ibid,
but were subject to the Ordinary: Stevens' Blackstone, III. 9.

5. Their duties were confined to movable goods and Church fabric ; they had
nothing to do with lands •, Cripps, 177 ; Lovesy's Churchwarden's Guide, p. 2 ;
Blackstone, In re, &c.

I. QUALIFICATIONS OF CHURCHWARDENS.

1. 1. No person shall be eligible to the office of Churchwarden except he be a
member of the Church of England, and of the Vestry of the Church of which a
Warden is to be appointed, and be of the full age of tweaty-one years. Church
Temporalities Act, section 4.

2. The Warden must, at the time of his election, reside in or near the city,
town, village, or township in which the Church is situate. In the case of his
subsequent change of residence, he may continue to hold office, if residing less than
twenty miles from the Church of which he is Warden. New and C. T. Act, sec. 3.

* Information as to this office is to be derived not only from Diocesan and
Provincial Canons, and Canadian Acts of Parliament, but also (anless expressly
varied or necessarily inapplicable) from the Law of England, chiefly embodied in
the Canons Ecclesiastical of 1603, and expressed in judicial decisions or legal
dicta. See Long v. Bp. of Capetown, Phil. Burns II. 2245 ; Bp. Natal v. Gladstone,
also in re Natal; C. J. Draper's Report to Prov. Synod on Status of the Clergy,
Journal vi. 13,31 ; Hoffinan's "Law of Church," pp. 14, 15: Pinnock's Church
Keys, p. 18, &c.

II. APPOINTMENT, VACANCY, ETC.

1. At the annual Easter Vestry Meeting one Warden for the current year
shall be appointed by the Rector or Incumbent and another shall be elected by the
Vestry. In case either the Incnmbent or Vestry shall decline or neglect to appoint
a Warden, then the office for the current year shall be filled by the other party,
i. e., by the Vestry or incumbent, as the case may be. C. T. Act, sec. 3.

2. If the Vestry Meeting does not talie place in Easter week, then such
appointments shall be made at a subsequent Vestry Meeting. New and C. T. A.
sec. 3.

3. The Churchwardens shall hold office for one year, or until their successors
are appointed. Persons appointed to till vacancies shall hold office until the time
of next annual election. C. T. Act, sec. 3.

4. In case of the death or change of residence of either Warden to twenty
miles or more from said Church, a Vestry Meeting shall be called for the purpose of
filling such vacancy, to be called in the manner hereinafter provided in iii. of this
Canon.

III. POWERS AND RIGHTS AND DUTIES OF WARDENS.

1. The Churchwardens are a corporation with perpetual succession under
the name of "The Churchwardens of the Church of, &c., in, &c.," to represer ' the
interests of the Church, and of the members thereof, and may sue and be ^aed,
answer and be answered unto, in all manner of suits and actions whatsoever, and
may prosecute indictments, presentments and other criminal proceedings, for and
in respect of such churches and church-yards, and all matters and things apper-
taining thereto, and shall and may, in conjunction with the Rector or Incumbent,
make and execute faculties or conveyances, or other proper assurances in the law,
to all pewholders holding their pews by purchase, or leases to those holding the
same by lease, and shall and may grant certificates to those who shall have
rented sittings ; such conveyances, leases, and certificates, to be given within a
reasonable time after demand made, and at the charge of the person applying for
the same ; and further, it shall be the duty of such Churchwardens, from time to
time, to sell, lease, and rent pews and sittings, upon such terms as may be settled
and appointed at vestry meetings to be holden for that purpose as hereinafter pro-
yided ; provided always, that any such sale, lease, or renting, shall be subject to
such rent-charge or other rent, as may from time to time be rated and assessed in
respect thereof, at such vestry meetings. C. T. Act sec. 6 ; 47 Vict. c. 89.

2. The clerk of the church, the organist, 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 shall be brought
into the general account, to be rendered by such Churchwardens as hereinafter
provided. C. T. A. sec. 13.

3. It shall be in the power of the Incumbent of any parsonage, rectory, or
parish, or of the Churchwardens thereof, to call a meeting whenever he or they
shall think proper to do so, and it shall be his and their duty so to do, upon appli-
cation being made for that purpose in writing by six at least cf the members of
such vestry as aforesaid ; and in case, upon written application being made as
aforesaid, such Incumbent and Churchwardens shall refuse to call such meeting,
then one week after such demand made, it shall be in the power of any six of
such members of the vestry to call the same by notice to be affixed on the outer
church door (or church doors where more than one), at least one week previous to
such intended meeting. 0. T. A. sec. 10.

4. The possession of the Church, and of the Church yard and burying ground
attached or belonging thereto, is vested in the parson or other incumbent for the
time being and the Churchwardens for the purposes of the duties of the iatter as
custodians. Pinnock, 12, 20, 21 ; Lovesy 77. C T. A. sec. 1.

5. The ordering of the Services, including the musical part thereof, shall be
under the control of the Rector or Incumbent ; also the fixing of the hour of service,
(in parishes not receiving aid from the Mission Fund) the ringing of the Bell to sum-
mon the congregation to the same, and such like matters. Pinnock, 6, 11, 17,
28, 40.

6. In the case of any irregularity or novelty contrary to or unauthorized by
the Book of Common Prayer, it shall be the duty of the Churchwardens privately
to remonstrate with the minister, and if need be, to report him to the Bishop ;
but they have no right to take the law into their own hands. Canon 53 of 1603 ;
Lovesy, 26, 56 ; Pinnock, 8 and New.

7. The two Churchwardens being a corporation, their corporate powers can-
not be exercised by one of them without the consent of the other. Pinnock, 11,
27 ; Lovesy, 80.

8. Churchwardens shall keep accounts, open to inspection, and shall yearly,
and every year, •within fourteen days after other Churchwardens shall be nomi-
nated and appointed to succeed them, deliver in to such succeeding Church-
wardens a just, true, and perfect account in writing (fairly entered in a book or
books to be kept for that purpose, and signed by the Churchwardens), of all sums
of money by them received, and of all sums rated or assessed, or otherwise due and
not received, and also of all goods, chattels, and other property of the Church or
Parish in their hands as such Churchwardens, and of all moneys paid by them, and
of all other things concerning their said office, and shall also pay and deliver over
all sums of money, goods, chattels, and other things, which shall be in their hands,
unto such succeeding Churchwardens ; which said account shall be verified by oath
before one or more of Her Majesty's Justices of the Peace, or in the case of Free
Churches, by statutory declaration. C. T. A. sec. 9 and New.

9. The Vestry may pass a by-law requiring an audit of the accounts in addition
to such verification ; and it shall be the duty of such auditors to report not only
as to the correctness of the accounts, but also as to whether all the expendi-
tures have been duly authorized. New, and C. T. A. sec. 15.

10. Default to deliver such account renders the retiring Churchwardens liable
to an action at the suit of their successors. A similar suit may be brought by any
member of the Vestry. C. T. A. sec. 9.

11. In case of re-appointment of the same Churchwardens, such account
shall be made and rendered before an adjourned Uieeting of the Vestry, fourteen
days after such re-appointment. C. T. A. sec. 9.

12. The Vestry may pass a By-law making it the duty of the outgoing Wardens
to lay before the Easter Vestry Meeting, for its adoption, an estimate of the sums
required for carrying on the work of the Church during the ensuing year, and also
a statement of the sources from which the means are to be derived. Such estimate
as adopted by the Vestry shall control the expenditure of the Wardens, and no
further expense shall be incurred unless by the authority of Vestry. C. T. A.
sec. 15 and New.

13. In all matters not lying solely in the right and power of the Churchwardens,
it shall also be their duty to carry out any legal regulations or directions laid down
for their guidance from time to time by the Vestry. C. T. A. sec. 15 and New.

14. In places where there is a chartered bank, or Loan, or Savings' Companyv
the Churchwardens shall deposit in such bank or company to the credit of the-
Church, all moneys coming into their hands, and make all payments for sums not
less than five dollars by cheques on said bank or company. New.

MISCELLANEOUS.

15. The proceedings of the Vestry shall be entered in a book to be kept for
that purpose and preserved in the custody of the Churchwardens. C. T. A. 11.

16. In the case of Lay Representatives to the Diocesan Synod, if the Parish or
Mission be vacant, or if the Incumbent thereof omit to call a meeting for their
election within thirty days after Easter Monday, it becomes the duty of the Church-
wardens or Churchwarden to call such meeting in the manner provided by the
Canon on Constitution of Synod. See Appendix A.

17. They are to perform the following duties prescribed in the aforesaid
Canon :

(1) Keep a book for signature by voters for Lay Representatives to Synod

8 b.

(2) Prepare a list of lay persons of the congregation qualified to vote at

election of Lay Representatives. 8 c.

(3) To post up an alphabetical list of voters, between the I5th and 22nd of

January in each year. 8 d.

(4) To receive applications to revise the list up to February 15th. 8 e.

(5) In connection with Parochial Tribunal to settle such list. 8 f .

(6) To call a meeting after vacancy. 16.

18. They are to act in case of Sale or Mortgage of Church Property, under the
Religious Institutions Act. For particulars see Appendix B.

19. In the absence of the Incumbent they are to demand proof of the proper
ordination and good standing of any Clergyman before permitting him to officiate.
Provincial Synod Canon 6.

20. Churchwardens are to act in conference with representatives of adjacent
Parishes to arrange boundaries, according to the Canon of Synod in this behalf.
They are to receive notice of proposed new parishes and to act. Synod Journal,
1885, p. 57. Canon and By-laws, old edi., p. 278.

21. They are to render to the Rural Uean, on 7th April in each year, when
required, a detailed statement of the Church Property in the Parish ; and also to
furnish to the Bishop annually such parochial statistics as may be required. C. k

B. L., old edi., p. 282.

22. They, together with the Lay Representatives, are to be consulted by the
Bishop as to the tilling of any vacancy in the Rectory, Incumbency, or Mission (if
not on the Mission Board pay list), according to the Canon of Synod in this behalf.

C. & B. L., old edi,, p. 284.

23. It is the duty of the Churchwardens to appear before the Committee on
Missions when notified by the chairman thereof of the time and place of their
meeting, (such place to be within the Mission), according to the Canon of Synod
in this behalf. C. & B. L., old edi., p. 290-1.

24. To apply for aid to Minister's Stipend from Sustentation Fund C. C. B.
and R., 1886 ; Canon R., pp. 42, 58, 27, 31 and to receive notice of arrears to
Mission Fund, Widows and Orphans I<'und.

IV. SECURITY AND PROTECTION OF CHURCH PROPERTY.

(a) REPAIRS OF CHURCH AND PRIMI3ES TO DEVOLVE ON VESTRY.

1. The "Church Temporalities Act" has placed the church and the church-
yard under the immedia+-e care of the parish, acting through its vestry, and all
repairs and expenses of, and attending the same, necessarily devolve on said
vestry. For particulars, such as Erection and Repairs of Parsonage house — When
to be borne by Vestry or by Incumbent — Appeals — Material repairs— Mortgages —
Insurance — Payment of taxes, &c., see Appendix C.

(6) DOCUMENTS AND RECORDS TO BE KEPT IN A STRONG BOX.

2. That for the convenient safe-keeping of the record-book of Titles, &c. , as
well as other documents, papers or records, a sufficient strong box, with lock and
key, shall be provided by the Churchwardens, and kept in the Vestry of said
church; and shaU be at all times under such ordinary and convenient regulations as-
may be adopted by the Vestry, open to the inspection and for the information of
the Parish, as well as for any duly authoriried officer of the Church. Canon 70 of
1603 ; Canon vii. of C. C. B. & R., 1886, p. 48.

3. It is the duty of the Churchwardens to see that all things are provided
which are necessary to the decent performance of the Church Services, such as

(1) a decent Communion Table, with Cover or Covers, and a fair Linen

Cloth. (Canon 2 of 1603.)

(2) a Flagon for the Wine to be used at the Holy Communion, and a

Chalice or Cup, or more than one Cup, if necessary ; also a Paten,
or Plate. (Canon 20. )

(3) a decent Bason or Alms Dish, and necessary Collection Plates or

Bags to receive the Offerings. (Rubric of H. Com. and New. )

(4) a decent Font ; if possible, of stone. [Canon 81. )

(5) a Reading Desk. (Canon 82.)

(6) a Pulpit. (Canon 83.)

(7) One or more Surplices. (Canon 58.)

(8) a Bible of large volume. (Canon 80.)

(9) Book of Common Prayer — Book containing Communion office — Book

of Offices. (Canon 80.)

(10) To be set up where the people may best see the same :

A notice of the Peaodical Collections and Table of Fees approved
of by Synod.

(11) One or more Church Bells. (Canon 15, 67.)

(a) Register Book of Christenings, Weddings, Burials, and Con-
firmations to be kept in a secure chest or safe under the charge
of the Minister. ((Janon 70.)

(12) a Preacher's Book, in which are to be entered the dates and hours of

Services held, names of Officiating Ministers, number of Persons
Present, number Communicating, &c. ; also the Names and Licenses
of all Preachers who come to the church from any other place. (Can-
on 52.)

(13) And to provide, with the advice and direction of the Minister, a suffi-

cient quantity of the best and purest wheat bread that conveniently
may be gotten, and of good wholesome wine, for the communicants.
(Canon 20.)

(14) And to see that the church is clean, lighted, and warmed, and venti-

lated during Divine service, and that the Linen be clean, and in
decent repair. (Canon 85.)

4. The Churchwardens, assisted, if necessary, by the Sidesmen, shall collect
the alms and other ofiferings of the congregation at the offertory. They shall (if this
duty be not performed by Deacons) reverently bring in a decent baaon these alms
and other offerings, to the Priest or chief officiating minister. The Churchwardens,
or in their absence, their substitutes for the time being, shall immediately after any
service at which a collection has been made, proceed to the Vestry-room of such
church, and there in the presence of the Incumbent, or other officiating Clergy-
man, carefully count the collection, and enter the amount of the same with the
date, and their initials in the preacher's book. (Com. Office and New.)

5. The Offertory Collections shall be applied

(1) To any special purposes previously announced.

(2) As may be directed by the Vestry.

(3) For the benefit of the poor.

(4) And for such other pious and charitable uses as the Minister and

Wardens shall think tit, wherein if they disagree, it shall be referred
to the Bishop. (New and Rubric Com. Service. ]

6. The Wardens are to take care that due reverence be observed within the
Church during service, and are not to permit loiterers either in the church yard
or porch, but shall cause them either to enter or to depart. They are to deal also
with all who unlawfully disturb the service either in or around about the building.
(Canons 18, 19, 85, 90 of 1603.)

7. They are not to allow the Church to be used for feasts, plays, entertain-
ments, or any profane purpose. (Canon 88 of 1603.).

8. It is the duty of the Wardens to see that holders of pews or sittings are
secured in tlie undisturbed possession of their seats ; also to receive and welcome
strangers, and to provide them, so far as possible, with seats. (C. T. A. sec. 8
and New).

9. The Wardens should at once communicate to the Minister the name and
address of any person renting or giving up a sitting in the Church ; and also observe
strangers frequently attending the Church, though not pewholders, and ascertain
their names and addresses, and communicate the same to the Minister ; and also
take notice of the absence of members and notify the Minister thereof. (New.)

10. It is desirable that one or other of the Wardens or Sidesmen should appear
in the Vestry a few minutes previous to the service, in order to give the Minister
the opportunity of communicating with him, and also that, in the absence of the
Parochial Clergy, he may receive any strange Clergyman, and afford him any
necessary help or direction. (New.)

V. DUTIES OF SIDESMEN.

1. Sidesmen, if any, shall be chosen at the Annual Easter Vestry Meeting,
<one-half by the Rector or Incumbent, and the other half by the Vestry. (Canon £K)

of 1603.)

2. Should vacancies occur owing to death, removal, or neglect or refusal to
Act, these may be tilled by the Rector or Incumbent in case of Sidesmen dying, &c.,
having been appointed by him. In the other case, the new appointments may be
made by the Wardens. (New.)

3. The duties of Sidesmen are specially to assist the Minister and Church-
wardens in the performance of their duties, and to discharge such offices as shall
be assigned to them by the Vestry, by by-law or otherwise. In particular :

(1) To assist the Churchwardens in receiving and seating Strangers in the-

Church, and in carrying out the provisions of sec. IV., sub-seca.
4, 6, 7, 8, 9, 10, above.

(2) In maintaining order in and about the Church during Divine Service..

(3) In taking up the Offertory Collections.

(4) In soliciting and collecting Subscriptions and Donations for Church

objects

(5) To seek out and report to the Minister the names of Strangers, and of

sick and poor, residing in the Parish^ and of persons habitually
neglecting Divine worship. (Canon 28, 112 of 160.3 and New.)

APPENDIX A.

CANON ON THE ELECTION OF LAY REPRESENTATIVES.

1. The Lay Representatives of each Parish or Mission in Synod shall not
exceed three in number, who shall be elected as herein provided, [(a), 1884, p.
60 ; (c) 1885, p. 34.

2. In case there are two congregations in the Parish or Mission, the larger
congregation shall have the right to elect two Lay Representatives and the smaller
congregation one. In case there are three congregations m the Parish or Mission,
each congregation shall have the right to elect one of the Lay Hepresentatives.
In case there are four or more congregations in the Parish or Mission, the two
largest congregations shall each have the right to elect one of the Lay Representa-
tives, and the remaining congregations together may elect the tliiid. [(a), 1884,.
p. 65 ; (c), 1885, p. 34. See 1854, p. 31 ; 1857, p. 30 ; 1859, p, 101 ; ISGO, pp.
142-180 ; 1869, pp. 45, 53 ; 1870, pp. 49, 86 ; 1877, pp. .35, 30, 37 ; 1881, pp. 49,
50, 51 ; 1882, p. 48 ; 1883, p. 57.]

3. Lay Representatives shall be males who have not been in Holy Orders, who,
at the time of their election, have attained the age of twenty-one years, ha/e been
communicants for at least a twelvemonth immediately preceding their election,
and during such twelvemonth have commutiicated at least three times, [(a), 1884,
p. 60 ; (c), 1885, p. 54. See references to sec. 8. Also 1879, pp. 55, 113.]

4. They shall be elected at the Annual Easter Meeting of the congregation or
congregations, (which meeting, in case of a vacancy in the Incumbency, shall be
called by the Churchwardens or Churchwardens) ; or if there if no election at the
Easter Meeting, then at a meeting held thereafter and specially called for such
election by the Minister, or (if there is no Minister, or in case he omits to call
such meeting within thirty tlays after Easter Monday) by the Churchwardens or
Churchwarden, [(a), 1884, p. 60 ; (c) 1885, d. 54. See references to sees. 8 and 9.},

5. The Minister, if present, shall preside at the election ; if he is not present,
the Curate or Assistant Minister, if present, shall preside ; if neither the Minister
nor the Assistant Minister is present, a chairman to be elected by the qualified
voters present shall preside, and shall have only a casting vote. [(«), 1884, p. 60 ;
(c), 1885, p. 54. See 1858, pp. 66, 115; 1879, p. 60, and references to sees. 8.
and 9.]

(). The Lay Representatives shall be elected by a majority of the person*
qualilied to vote, as herein provided and voting at the meeting. The votes shall'
be taken by ballot, if required by a majority of the qualified voters present at the-
meeting, [(a), 1884, p. 60 ; (<•), 1885, p. 54. See references to sees. 8 and 9.]

7. All males of twenty-one j'^ears old and upwards, not in the Holy Orders,
members of and habitual worshippers with the congregation, and whose names
appear on the list settled and signed as herein provided, shall have the right to
vote at the election of Lay Representatives, [(a), 1884, p. 60 ; (c), 1885, p. 54.
■See references to sees. 8 and 9.]

8. Such list shall be prepared as follows :

(a). Each layman who desires to voto at an election to be held in any year
of Lay Representatives in Synod shall, within the first fifteen days of Jai ;- v in
that year, sign and deliver to the Churchwardens of the congregation of which ne
is a member, a declaration to the following effect :

" I solemnly declare that I am a member of the Church of England, and of
the congregation of Church (iiambvj it) : that I am of the full age of

twenty- one years ; that I am an habitual worshipper with the said congregation,
and have been so for three mouths next preceding the 1st day of January instant :
that I am not registered as a member of any other congregation ; and that during
the three months above mentioned, I have not voted, nor do I intend to vote, as a
member of any other congregation, at an election of Lay Representatives in the
next Synod,"

Provided that the signing of said declaration [by any person] shall be unneces-
sary if his name appears upon the list of persons who were entitled to vote at the
last such election.

(6) A book containing the declaration aforesaid, for signature by persons
desirous to sign the same, shall be provided by the Churchwardens or
Churchwarden for every congregation entitled to elect, or to join in electing, a
Lay Representative or Lay Representatives. Such book shall be kept in the
vestry of the Church or place of worship of the congregation, or in some other
convenient place, and notice thereof, and of the period within which such declara-
tion should be signed, shall be given in the Church or place of worship during
Divine service on the first and second Sundays of January in each year.

(c) Between the 15th and 22nd days of January in each year, the Minister and
the Churchwardens or Churchwarden of every congregation (or if there be no
Minister, or the Minister be absent or omit so to do, the Churchwardens or Church-
warden) shall prepare an alphabetical list of the persons who, having signed such
declaration, or appearing on such previous list, are admitted by them as entitled
to vote at the next election of a Lay Representative (or Representatives) of the
congregation in Synod.

{d) On or before the 22nd day of January in each year, such alphabetical list
fihall be put up in the vestibule or on tlie inner door of the Church, or place of
worship of the congregation, and shall there remain for inspection until the i5th
day of February in that year.

(e) Up to the said 15th day of February any member of the congregation may
apply in writing to the Minister or to the Churchwardens (or to either of them)
for leave to sign the declaration hereinbefore provided, and to have his name
entered upon the list, or if there be no list, then upon a list to be made, or to have
the name of any person or persons wrongly inserted in the list struck oflf the
tame.

(/) Before the meeting for the election of Lay Representatives of the congre-
gation, all such applications shall, after notice to the parties affected, be deter-
mined, and the said list finally settled and signed by the majority of a Parochial
Tribunal, composed of the Minister (if any) of the Parish or Mission, the Church-
wardens, and two other members of the congregation who have been elected by
the vestry at the last Easter vestry meeting, or at the adjourned meeting thereof,
or at a meeting specially called therefor by the Minister, or (if there be no Minis-

"ter, or iu ease of his absence or omission to call such a meeting(, by the Church-
wirdens or Churchwarden, [(a), 1884, p. 60 , (c), 1885, p. 54. See references to
sec. 8, ante. Also 1876, p. 112 ; 1877, p. 26 ; 1878, pp. 41, 50, 51, 57 ; 1879, pp.
55, 69, 60, 68 ; 1880, pp. 51, 55,'59 ; 1881, p. 50.]

9. Within twenty days after such election, the Chairman of the meeting shall
send to the Secretary -Treasurer of the Synod, the amount assessed on the Parish
or Mission as hereinafter provided,* together with a certificate of such election
according to the following form :

"This is to certify that at a meeting held on the day of

A.D. for the purpose of electing a Lay Representative (or Lay Representa-

tires) in Synod, for the Parish (or Mission) of A. B. (CD. and E. F.)

being a Communicant (or Communicants) of at least one year's standing, of the full
age of twenty-one years, and who has (or have) communicated at least three times
during the twelve months previous to the election, was (or were) duly elected by
the Laymen within this Parish (or Mission), as a Lay Representatives (oi Repre-
sentatives) in Synod of the Parish (or Mission) of (naming if) by the
La)mien entitled to vote at such election according to section 13 of the Constitu-
tian of ' The Incorporated Synod of the Diocese of Toronto. ' "

Dated this day of , 18 .

Chairman."

" I also forward herewith the assessment of the Parish (or Mission) being

And on such certificate shall be endorsed as follows :

Toronto,

To the Honorary Secretaries of the Synod :

Gentlemen, — 1 have received the Synod dues of this Parish or Cure ; you
can therefore enter the names of the Lay Representatives on the Synod List.

Your obedient servant,

, Secretary- Trecusurer.

The certificate so endorsed by the Secretary-Treasurer of the Synod, shall by
him be forwarded to the Honorary Secretaries, who shall enter the names of the
Lay Representatives on the Synod List, to be printed and sent to each member of
the Synod by the Executive Committe with their order of proceedings. t [(a),

1884, p. 60; (c), 1885, p. 54. See references to sec. 8, ante.

10. N"o representative shall be entitled to take his seat in the Synod until the
assessment upon his Parish or Mission shall have been paid, [(a), 1884, p. 60 ; (c)

1885, p. 54. See references to sec, 8, ante ; also 1858, pp. 61, 137 ; 1860, p. 147 ;
1874, pp. 50, 51,]

11. In the event of the inability or refusal of the Chairman to certify that such
Lay Representatives, or either of them, so duly elected, are communicants of at
least one year's standing, and had communicated at least three times during the
year previous to their election, he shall, forthwith after such election, require the
Lay Representative (or Lay Representatives) as to whom he cannot so certify, to
procure and furnish to him, within ten days after the same shall have been required
of him (or them), a certificate (or certificates) from any Minister who is able to
certify thereto, in the form or to the eflfect following

* See sec. 61, (3), and Resolution No. 75, pages 28 and 31 of the Consolidated
Canons, etc., 1886.

t See sec. 51, (2), Hid., page 19.

" This is to certify, that cf is a communicant of

at least one year's standing, and has communicated at least three times during th»
twelve months immediately preceding Easter, 18 ."

And thereupon, on such certifieate being supplied, it shall be competent for
the said Chairman to, and he shall certify, as hereinbefore required of him. Should
such Lay Representative (or Lay Representatives) make default in furnishing such
certificate within ten days after the same shall have been required of him (or them)
the said Chairman shall forward the certificate of election required in section 15
to the said Secretary-Treasurer within the time aforesaid, omitting therefrom the
words as to the Lay Representative (or Lay Representatives) communicating,
[(a), i884, p. 60 ; (c), 1885, p. 54.]

12. In the event of the inability or refusal of the Chairman to certify, as in
the last preceding paragraph mentioned, by reason of the Minister of the Parish
(or Mission) being in Deacon's orders, and the Church not affording an opportunity
to the Lay Representative (or Lay Representatives), so elected as aforesaid, to
communicate the number of times required as aforesaid, the Chairman shall certify
accordingly, and he shall vary the certificate to be furnished by him by adding
thereto under his signature :

" This is to further certify that the Minister of the congregation having been
in Deacon's orders during the year preceding the said election, the said

, {flaming them) communicated as often as opportunity offered." («), ]884r,
p. 60; (c), 1885, p. 54.]

13. The Chairman of the meeting shall furnish each Lay Representative with
a certificate similar to that to be forwarded by him to the Secretary-Treasurer of
the Synod ; without it any person presenting himself as a Lay Representative
shall be required before taking his seat to afford sufficient proof of his identity,
[(a), 1884, p. GO ; 1885, p. 54. See references to sec. 8, ante.]

14. Except in cases of death, resignation, or removal from the Diocese, the Lay
Representatives in Synod of each Parish or Mission shall continue in office until
the next meeting of the Synod after the election of their successors, [(a), 1884,
p. 60 ; 1885, p. 54. See references to sec. 8, ante.]

15. Any Lay Representative may resign his office by giving notice to that effect
to the Secretary-Treasurer of the Synod, who shall forthwith communicate such
resignation to the Chairman of the meeting at which such Lay Representative was
elected, in order that a new election may be held as herein prescribed, [(a), 1884,
p. 60; (c), 1885, p. 54.]

16. If any Representative be elected for more than one Parish, he shall, within
one week of receiving notice thereof from the Secretary-Treasurer of the Synod,
M'hose duty it shall be to send such notice, select the Parish for which he intends
to sit and vote, and shall signify the same to the Secretary-Treasurer of the Synod
who shall at once notify tlie Minister or Ministers of the other Parish or Parishes
for which such Representative shall have been elected ; and thereupon such Min-
ister or Ministers shall proceed to call a new election, by giving notice thereof on
either of the two following Sundays ; such new election to take place within
twenty-one days from the receipt of the notification from the Secretary-Treasurer
of the Synod ; and in case such Representative shall fail to make such selection,
and to signify the same as herein required, all his elections shall be void, and the
Secretary-Treasurer shall, within ten-days after the expiration of the time allowed
for making such selection, notify the Parishes concerned that they proceed to a
new election, [(a), 1884, p. GO ; (c), 1885, p. 54. See 1869, pp. 45, 84 i 1870, pp.
53, 88 ; 1881, pp. 50, 57 ; 1882, p. 43.]

"That a committee of two, to be appointed by the Executive Committee,
shall meet at the Synod Office at least two days before the meeting of Synod, and

examine the certificates of the Lay Representatives sent in to the Secretary -Treas-
urer by the respective Clergymen in the Diocese, and shall prepare a report thereon,
to be placed in the hands of the Honorary Lay Secretary on the opening of the
Synod." [(a), 1871, p. 42 ; (c), 1871, p. 54. See also section 26 of this Constitu-
tion. ]

17. In case any Lay Representative dies or removes from the Diocese or
resigns his office, his seat shall be thereby vacated and a new election shall forth-
with be held to fill such vacancy in manner following : The Minister or (if there
be no Minister, or if he omits to call the meeting within thirty days after the
vacancy occurs) the Churchwardens or Churchwarden of the congregation or con-
gregations by whom the late Representative was elected, shall call a meeting for
the election of his successor. Notice of the meeting shall be given during Divine
Service in the church or place of worship of the congregation, on the two Sundays
next before the meeting. The procedure at the meeting and the persons entitled
to vote and to be elected thereat [ shall be the same as are respectively prescribed
by sections 9, 11, 12, and 13 of the Constitution, [(a), 1884, p. 60; (c), 1885,
p. 54.]

APPENDIX B.

DUIIES OF CHURCHWARDENS AND OTHERS UNDER THE RELIGIOUS INSTITUTIONS ACT.

Sale of Church Property,

I. When it is proposed to sell Church property^under the authoritj' of this Act,
the following steps are necessary :

1. A meeting of the Vestry should be called m the regular manner.

2. At this meeting a resohition should be passed authorizing and directing the
Incumbent and Churchwardens to effect a sale of the jportion of land which it
is unnecessary for the congregation to retain and which it is deemed advan-
tageous to sell, and authorizing and directing the Incumbent and Churchwardens
to apply to the Lord Bishop of the Diocese and the Executive Committee of the
Synod for consent to the sale.

3. A record of the proceedings of the meeting should be made in writing and
entered and transcribed in the otScial Minute Book or Register of the proceeding*
of the Vestry and should be signed by the Incumbent and Churchwardens.

4. A copy of duch record certified to be true by the Incumbent and Church-
wardens should be forwarded to the Lord Bishop for his formal consent to the sale,
and a copy also of_the record should be forwarded to! the Secretary-Treasurer of the
Synod to be laid before the Executive Committee for their formal assent to the sale.

5. After the consents mentioned have been obtained, the Incumbent and
Churchwardens may give notice of the intended sale specifying the premises to be
sold, and the time and terms of sale, and the advertisement of the sale should
state that the Incumbent and Churchwardens reserve to themselves the right to
bid, or should state that the lands will be sold subject to a reserve bid.

6. After this notice has been published for four successive weeks in a weekly
paper published in or near the place where the lands are situate, the Incumbent
and Churchwardens may sell the land by public auction according to the notice.

7. The Incumbent and Churchwardens are not obliged to complete or carry a
sale into eflfect if in their judgment an adeiiuate price is not offered for the land.

8. If the sale by public auction prove abortive, the Incumbent or Church-
wardens may sell the lands by public or private sale, but a less sum shall not be
accepted by private sale than was offered at public sale.

9. Before a conveyance is executed in pursuance of the sale, the Vestry must
be duly notified thereof and its assent obtained to the execution of the deed, such
assent to be signified by a vote of the majority of members present at the meeting
duly called for that purpose.

10. A record of the proceedings of the meeting called to procure the assent to
the execution of the deed must be made out and entered in a Minute Book as above
described.

11. A duly authenticated copy of the last mentioned record of proceedings
shall be transmitted to the Secretary-Treasurer of the Synod.

12. The deed shall then be drawn, reciting the proceedings and reciting the
original purchase and tlie intention of the Vestry and Congregation in so pur-
chasing.

13. The deed shall then be executed in the usual manner by the Synod, by
the Lord Bishop and by the Honorary-Secretaries of the Synod.

Mortijtiffing of Church Property.

II. "When it is proposed to mortgage Church property under the authority of
the above Act, the following steps are necessary :

1. In the first place there must be a pre-existing debt for the building, repair-
ing, extending or improving of a Church or other building, or for the purchase of
the land in question, and tlie mortgage may be for securing such debt or borrowing
money to pay it off in whole or in part.

2. The consent of the Vestry to be given at a meeting called in the usual
way,

3. A minute of the resolution of the Vestry consenting to or authorizing the
giving of a mortgage to secure the debt, or the raising of a loan upon mortgage,
must be entered in the Book of Record of the proceedings of the Vestry.

4. The consent of the Bishop of the Diocese. In order to procure this a
copy of the minute of the Vestry certified by the Vestry Clerk, or otherwise
verified, should be forwarded to the Bishop together with the proposed mort-
gage.

5. The consent of the Executive Committee of the Symd, and in order
to procure the same, a similar copy of the resolution should bo sent to the Sec-
retary-Treasurer of the Synod, together with the proposed mortgage.

6. The consent may be given by the execution of the mortgage deed by the
Bishop and by the Honorary Secretaries of the Synod, or by a momorandum of
consent endorsed thereon and signed by them,

7. The execution of the mortgage deed by the persons making the same before
it is forwarded for the consent of the Bishop and Executive Committee of the
Synod, although not necessary, is desirable.

APPENDIX C.

ERECTION AND REPAIRS OF PARSONAGE HOUSE — WHEN TO BE BORNE BY VESTRV.

1. That with respect to the parsonage house and buildings, the parish shall
bear all expenses of erection and material repairs, including painting inside and
out ; the parish shall bear all expenses of original erection of parsonage, fences
and gates ; and shall further be responsible to the Incumbent, on his induction to
the parish, for their efficient order and repair at the time of said induction : but

it shall then be the <liity of the Incumbent to keep them at all times in like effici-
ent order and repair, the standard of such efficient order and repairs as to gates
and fences being the municipal rule or law, where such exists, or otherwise the
ordinary custom and rule of landlord and tenant.

INCUMBENT TO BEAR EXPENSE OF REPAIR — APPEAL.

2. Should the Incumbent, by wilful negligence, or by any act of commission
or omission, suflFer the said buildings, gates, or fences, to get out of repair, it shall
be the duty of the Churchwardens to point out such dilapidations to the Incum-
bent, and request him to remedy the same ; and the Churchwardens may, after
three months, and if there be no appeal to the Bishop, employ a suitable mechanic
or mechanics to execute the necessary repairs ; and the certified expenses thereof
they may deduct from any funds in, or passing through, their hands, payable to
the Incumbent, But should the Incumbent feel aggrieved by such contemplated
action of the Churchwardens, lie may appeal to the Bishop, who shall, if he sees
fit, appoint a committee, consisting of the Rural Dean, and two or more
neighbouring Clergymen and Laymen, to be named by the Bishop, or under his
authority by the Archdeacon ; which committee shall enquire into the same,
reporting their decision, when approved by the Bishop or Archdeacon, as the case
may require ; and such decision, when approved by the Bishop or Archdeacon,
shall be final.

MATERIAL REPAIRS, BY WHOM TO BE BORNE — MORTGAGES.

3. Should any extensive improvements or repairs become necessary, from lapse
of time or otherwise, such as new roofiing, painting or replacing of matters neces-
sary to the stability or safety of the buildings, erection of new fences, or placing
the same in efficient repair and order as pointed out in the foregoing section, it
shall be the duty of the Clergyman to lay a detailed statement of the same, with
an approximate estimate of the expense, before the usual Easter Meeting of the
Vestry, having previously given notice of his intention to do so, or before a Vestry
Meeting specially convened for tliat purpose, and should the members of the vestry
sanction the same, the Churchwardens shall forthwith proceed to erect the neces-
sary repairs, providing for the expenses thereof from the funds of the Church, by
parochial subscriptions, or by any other mode determined by the Vestry ; provided
that in no case shall the propertj' of the Church be so encumbered by a debt or
mortgage to a greater amount than one-fifth of the value of the property, to be
ascertained by competent valuation, nor shall the expense of such improvements
or repairs be defrayed from any funds appropriated to or pertaining to the support
of the Clergyman.

CHURCHWARDENS TO HAVE BUILDINGS INSURED.

4. That whereas no proper precaution should be omitted for the preservation
of the property of the Church, it shall be the duty of the Churchwardens to keep
all the buiklings thereof constantly insured in some responsible office.

RECORD BOOK OF TITLES TO BE KEPT.

5. That a book of record be kept in every church by the wardens, in which
shall be entered a sufficient abstract of all titles and deeds by which the lands of
the said Church, whether site of church, burial ground, glebe, endowment, or
whatsoever they may be, are held, showing their date, by whom given, situation,
quantity of land, conditions of trust or gift, when and where registered, and any
other information necessary to a full uiulerstanding of the same ; also, if wild or
unoccupied land, whether any or what provision is m<vde for payment of taxes,
when the taxes have been paid, and what arrears may from time to time accrue.

WHEN TAXES SHALL BE PAID BY INCUMBENT,

6. That whereas there is much valuable, though at the time unproductive,
land held as endowments for Churches or Parishes, and much loss has been incurred
l>y the sale of such lands for taxes, it iff necessary to define on whom the responsi-
bility of the payment of such *^axes should rest. In all cases where wild land or
waste lands are held, being unproductive, and the Incumbent deriving no benefit
from them, the expense of maintaining such lands sliould be a cliarge ou the Parish
or Church, for the benefit of which they are given ; and in all cases where any
benefit or emolument is derived from any such piece or parcel of land l>y the
Incumbent, or on his behalf, then the expenses of taxation should be borne by such
Incumbent.

PARTIES HOLDING CHURCH PROPERTY TO SEND STATEMENT TO CHURCHWARDENS.

7. That in accordance with the foregoing, the Church Society, or other parties
holding real estate or other property in trust for ajiy particular Church or Parish,
do send a statement of the came to the Churchwardens of auch Church or Parish,
to be recorded as hereinbefore directed.

APPENDIX D.

THE CHURCH TEMPORALITIES* ACT.

An Act to make provision for the manaffement of the Temporalities of the United
Church of Emjland and Ireland, in this Proinnce, and for other 2mrpo8eH
therein mentioned.

[.3 Vict. cap. 74 ; Royal Assent promulgated 3rd December, 1841.]

1. From and after the passing of this Act, the soil and freehold of all
Churches of the Communion of the said United Church of England and Ireland,*
now erected or hereafter to l>e erected in the said Province, and of the church-
yards and burying-grounds attached or belonging thereto respectively, shall be in
the Parson or other Incumbent thereof, for the time being, and the possession
thereof shall be in the Incumbent for the time being, and the Churchwardens
to be appointed as hereinafter mentioned, by whatever title the same may
now be held, whether vested in trustees for the use of the Church, or
whether the legal estate remains in the Crown, by reason of no patent having
been issued, though set apart for the purpose of such Church, church-yard or
burying-ground : Provided always, that nothing herein contained shall extend to
affect the rights of any other Church, or bodj' of Christians, to any landed
property, or church now^erected, but that the same shall remain as if this Act
had not been passed.

PEW HOLDERS TO FORM A VESTRY.

2. All pew-holdere in such Churches, whether holding the same by purchase
or lease, and all persons holding sittings therein, by the same being let to them by
Churchwardens, and holding a certificate from the Churchwardens of such sittings,
shall form a vestry for the purpose in this Act mentioned and declare>L

*This Act applies to all Churches in communion with the Church of England,
not simply to Parish Churches : Sanson v. Mitchell, 6 U. C. Chy. 582.

ORDINARY MEETINGS AND PROCEEDINGS OF VESTRY.

3. A meeting of such vestry shall be holdeu on Monday, in Easter week, in
«ach and every year, after due notice thereof given during the Divine Seryice on
the morning of Easter Sunday, for the purpose of appointing Churchwardens for
the coming year ; and at such meeting one Churchwarden shall be nominated by
the Incumbent of the parsonage or rectory to which the said Church belongs, and
the other shall be elected by a majority of those present, and entitled to vote at
auch vestry meeting as aforesaid.* Provided, nevertheless, that in case of such
Incumbent declining or neglecting to nominate a Churchwarden, then both of the
said Churchwardens shall, for the current year, be elected in the manner aforesaid ;
and in case members of such vestry shall neglect to elect a Churchwarden, then
both such Churchwardens shall, for the current year, be nominated by the Incum-
bent ; Provided always, that if from any cause a vestry meeting shall not take
place at the time specified, such appointment of Churchwardens may take place at
any subsequent vestry meeting to be called in manner hereinafter provided ; and
in the case of the death or change of residence to twenty miles or more from any
such Church, of either of the said Churchwardens, a vestry meeting shall be there-
upon called for the election, by the said vestry, of a new Churchwarden, in case
the one deceased or removed had been elected by the vestry, or for the nomination
of a new Churchwarden by the Incumbent, in case the one deceased or removed
had been nominated by the Incumbent.

QUALIFICATION OF CHURCHWARDENS.

4. No person shall be eligible to the office of Churchwarden, except members
of the said Church, of the full age of twenty-one years, and who shall also be
members of such a vestry.

churchwardens' TERM OF OFFICE.

5. Such Churchwardens ahall hold their office for one year from the time of
their appointment, or until the election of their successors, except in case of an
appointment or nomination to fill up any vacancy occasioned by death or removal
as aforesaid, and in such case the person so appointed or nominated shall hold the
said office until the next annual election.

POWERS OF CHURCHWARDENS.

6. Such Churchwardens, so to be elected and appointed as aforesaid, shall,
during their term office, be as a corporation t to represent the interest of
such Church, and of the members thereof, and shall and may sue and be sued,
answer and be answered unto, in all manners of suits and actions whatsoever,!
and may prosecute indictments, presentments, and other criminal proceedings, for
and in respect of such churches and church-yards, and all matters and things
appertaining thereto, and shall and may, in conjunction with the Rector or Incum-
bent, make and execute facilities or conveyances, or other proper assurances in
the law, to all pewholders holding their pews by purchase, or leases to those hold-
ing the same by lease, and shall and may grant certificates to those who shall have

*See, as to election of Churchwardens and persons entitled to vote, Tally v.
Fairell, 23 U. C. Chy. 49.

+See Andersm v. Worters, 32 U. C. C. P. p. 659 ; 47 Vict. cap. 89, post p.
26 ; McCkmghan v. Grey, 4 0. R. 329 ; McFeeters v. Dixon, 3 Chy. Chamb. 84.

tSee Mai/nard v. Oamble, 13 U. C. C. P. p. 56, 467 ; McFeeters v. Dixon,
3 Chy. Chamb. 84.

rented sittings ; such conveyances, leases, and certificates, to be given within a
reasonable time after deniaml made, and at the cliarge of the person applying for
the same ; and further, it shall be the duty of such churchwardens, from time to
time, to sell, lease, and rent pews and sittings, upon such terms as may be settled
and appointed at vestry meetings to be holden for that purpose as liereinafter pro-
vided ; Provided always, that any such side, lease or renting, sliall be sul)ject to
such rent-charge or other rent, .as may from time to time be rated and assessed
in respect thereof, at such vestry meetings.

PURCHASE OF PEWS AS A FREKHOLD OF INHERITANCE.

7. In case of the absolute purchase* of any pew in any such church as
aforesaid, the same shall be construed as a freehold ol inheritance not subject to
forfeiture by change of residence, or by disccmtinuing to fre<]uent the same, and
the same may be bargained, sold and assigned to any purchaser thereof, being a
member of tlie Church of p]ngland ; and such purchaser, provided the same be
duly assigned and conveyed to him, shall hold the same with the same rights, and
subject to the same duties and charges, as the original purchaser thereof.

RIGHTS OF PEW-HOLDERS.

8. Any pew-holder, whether by purchase or lease, and any person renting a
pew or sitting, shall and m ly during their rightful possession of such pew or
sitting, have a right of action against any person injuring the same, or disturbing
him or his family in the possession thereof, t

ACCOUNTS OF CHURCHWARDENS OPEN TO INSPECTION.

9. Such churchwardens, so to be appointed as aforesaid, shall yearly, and
every year, within fourteen days after other churchwardens shall be nominated
and appointed to succeed them, deliver in to such succeeding churchwardens a just,
true and perfect account in writing (fairly entered in a book or books to be kept
for that purpose, and signed l)y the churchwardens,) of all sums of money by them
received, anil of all sums rated or assessed, or otherwise due and not received, and
also of all goods, chattels, and other property of such church or parish in their
hands as «nch churchwardens, and of all moneys paid by such churchwardens so
accounting, md of all other things concerning their said office, and . ' ■'ll also pay
and deliver over all sums of money, goods, chattels, and other things, l;ich sliall
be in their hands, unto such succeeding churchwardens ; which said af^' 'nit shall
be verified by oath before one or more of Her^ Majesty's Juf"^' ;s of th ^eace,
who are hereby authorized to administer the same; and the saiv. ->k oi ooks
shall be carefully preserved by such churchwardens, and they shall anci c. 1 eby
required to permit any member of such vestry as aforesaid, to inspect the ss. ! at
all reasonable times, paying one shilling for such inspection, and in cast ach
churchwardens make default in yielding such account as aforesaid, or in deliver-
ing over such money, goods or things as aforesaid, it shall be in the power of the
succeeding churchwardens to proceed against them at law for such default, or to
file a bill in equity for discovery and relief ; and in case of tlie re-appointment of
the same churchwardens, then such account as aforesaid shall, in like manner as
is aforesaid, be made and rendered before an adjourned meeting of such vestry, four-
teen days after such re-appointment.

*The words " absolute purchase" are considered and defined in Bklout v.
Harrii, 17 U. 0. C. P. p. 88.

tCase, not ejectment, is the proper remedy for disturbance of a pew. Ridout v.
Harris, 17 U. C. C. P, p. 88.

EXTRAORDINARY MEETINOS OF VESTRY.

10. It shall be in the power of the incumbent of any such parsonage, rectory,
or parish as aforesaid, or of the churchwardens thereof, to call a vestry meeting
whenever he or they shall think proper to do so, and it shall be his and their duty
so to do, upon application being made for that purpose in writing by six at least
of the members of such vestry as aforesaid ; and in case, upon written application
being made as aforesaid, such Incumbent and churchwardens shall refuse to call
such meeting, then one week after such demand made, it shall be in the power of
any six of such members of the vestry to call the same by notice to be affixed on
the outer church door (or church doors where more than one), at least one week
previous to such intended meeting.

CHAIRMAN AND CLERK OF VESTRY MKETINQS.

11. In all vestry meetings, the Rector or Incumbent of the Church shall preside
as chairman, when present, and in his absence, such person as the majority present
at such meeting shall name ; and the vestry clerk, when there is one, and present,
or in case there be no vestry clerk, or he be absent, then such person as the chair-
man shall name, shall be secretary of such vestry meeting, and the proceedings
of such vestry meeting shall be er u'jred in a book to be kept for that purpose, and
preserved in the custody of the churchwardens.

REGULATION OF PEW RENTS.

12. The rent-charge to be paid upon pews holden in freehold, and the rent to
be paid for pews and sittings in pews, leased or rented, shall be regulated from
time to time at such vestry meetings as aforesaid, provided, nevertheless, that no
alterations bhall be made therein, except at vestry meetings, called for such
special purpose, and so expressed in the notice calling the same ; and further, that
the charges to be made in respect of such conveyance, leases and certificates, shall
in like manner be regulated at such vestry meetings as aforesaid.

APPOINTMENT OF CLERK, ORGANIST, VESTRY CLERK, SEXTON, ETC.

13. The clerk of the church, the organist, 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 shall be brought
into the general account, to be rendered as aforesaid by such churchwardens.

FEES FOR MARRIAGES, BAPTISMS, ETC.

14. The fees on marriages, baptisms, and other services of the Church of
the like nature, and the charges payable on breaking the ground in the cemeteries
or church-yards, and in the said churches, for burying the dead, sliall be regulated
by the Ordinary, or in case there be no Ordinary, by the Bishop of the Diocese.*

BY-LAWS OF THE VESTRY.

15. It shall be in the power of the members of such vesteries, at such vestry
meetings as aforesaid, to make such by-laws for the regulation of their proceedings
and the managements of the temporalities of the church or parish in which they
belong, so as the same may not be repugnant to this Act, nor contrary to the
canons of the said United Church of England and Ireland.

* Resolution No. 133, in regard to Fees, passed by the Synod of the Diocese of
Toronto, and approved by the Bishop, is as follows :

" That with the sanction of the Lord Bishop, the following be adopted as the

GRANTS OF LAND FOR CHURCH PURPOSES TO BK VALID.

16. Any deed or conveyance of land* or of personalty, that may be made to
any Bishop of the said Church, in the said Provinces, and to his successors, for
the endowment of his See, or for the general uses of the said church, as such
Bishop may appoint, or otherwise, or for the use of any particular church then
erected, or thereaf ucr to be erected, or the endowment of a parsonage, rectory, or
living, or for other uses or purposes appurtenant to such church in general, or to
any particular church or parish to be named in such deed, and any such deed or
conveyance, to any Parson or Rector, or other Incumbent, and his succe8sors,t
for the endowment of su ch parsonage, rectory, or living, or for other uses or
purposes appurtenant thereto, shall be valid and eflfectual to the uses and purpose*
in such deed or conveyance to be mentioned and set forth, the Acts of Parliament,
commonly called the Statutes of Mortmain, or other acts, laws, or usages, to the
contrary thereof notwithstanding ; provided always that in order to the validity
of such deeds and conveyances, the same shall be made and executed six month*
at least before the death of the person conveying the same, and shall be registered
not later than six months after his decease.

CHURCH ENDOWMENT — BISHOP's LICENCE.

17. In the event of any person or persons, bodies politic or corporate, desiring
to erect and found a church or churches, and to endow the same with a sufficiency
for the maintenance of such church and of Divine Service therein, according to the
rites of the said Church of England and Ireland, it shall and may be lawful for
him or them to do so, upon procuring the licence of the Bishop, under his hand
and seal for that purpose ; and thereupon after the erection of a suitable church,
and the appropriation by the founder thereof of such church so erected, and of
lands and hereditaments, or other property, adequate to the maintenance thereof,
and of uu Incumbent, and adequate to the usual and ordinary charges attendant
upon such church, such provision being made to the satisfaction of the Bishop,
such founder, his heirs and assigns, being members of the said Church of England,
or such body politic or corporate, as the case may be, shall have the right of
presentation to such church, as an advowson in fee presentative, according to the
rules and canons of the said United Church of England and Ireland.

Table of Fees to be taken by Clergymen of the Church in the Diocese of Toronto
for the following services :

Marriages (including registration)^ $4 00

Burials, " " X 2 00 "

" at a distance 3 00

Calling of Banns (payable in advance) 1 00

Baptisms (including registration)^ No fee.

Churchings No fee.

beyond the accustomed offering prescribed by the Prayer Book.

Certificate of Baptism $1 00

" Marriage 1 00

" Burial 1 00

[(a), 1876, pp. 103, 151. See 1881, p. 70 ; 1875, p. 181.]

*This includes a will. Doe dem Baker v. Clark, 7 U. C. Q. B. 44 </. v.

fA devise to the Bishop and the Rector is good, though the Statute only
Bpeaks of a devise to the Bishop or the Rector. Doe dem Baker v. Clarke, 7 U. C.
Q. B. 44.

JSee the Statute as to Registration of Births, Marriages, and Deaths, printed
at page 197 of the Consolidated Canons, etc., 188(3.

NO SPIRITUA.L JURISDICTION CONFERRED BY THIS ACT.

18. Nothing in this Act contained shall extend, or be construed to extend in
any manner, to confer any spiritual jurisdiction or ecclesiastical rights whatsoever
upon any Bishop or Bishops, or other ecclesiastical person, of the said Church, in
the said Province of Upper Canada.

APPENDIX E.

CHURCH temporalities' AMENDMENT ACT.

An Act to make further provision in relation to tJie. Temporalities of tlie United
Church of England and Ireland, in this Province.

[29-30 Vic. cap. 15. Assented to 15th August, 1866.]

Whereas it is desirable to provide that the Act passed by the Parliament of
Upper Canada in the third year of Her Majesty's reign, chaptered seventy-four,
and intituled : " An Act to make provision for the management of the Tempor-
alities of the United Church of England and Ireland, in this Province, and for
other purposes therein mentioned, and also the Act of the Parliament of this
Province, passed in the sixth year of Her Majesty's reign, chaptered thirty-two,
and intituled " An Act to make provision for the management of the Temporali-
ties of the United Church of England and Ireland, in the Diocese of Quebec, in
this Province, and for other purposes therein mentioned, " and also the Act of the
Parliament of this Province, passed in the session thereof held in the fourteenth
and fifteenth years of Her Majesty's reign, chaptered one hundred and seventy-
aix, and intituled : " An Act to make provision for the management of the
Temporalities of the United Church of England and Ireland, in the Diocese of
Montreal, and for other purposes therein mentioned," may be altered and
amended from time to time, and the Provincial Synod of the United Church of
England and Ireland, in Canada, have, by their petition, prayed that power may
bfc ^J -^en to the said Synod to make such alterations in the said Acts as may from
time to time be found necessary for the better and more uniform regulation and
management of the Temporalities of the said Church in this Province, and it is
expedient that the prayer of the said petition be granted : Therefore, &c.

THE PROVINCIAL SYNOO MAY CHANGE OR AMEND TEMPORALITIES ACT OP 1841.

1. The Bishops, Clergy and Laity of the United Church of England and Ireland
in Canada, assembled in Provincial Synod or General Assembly, under the pro-
visions of the Act passfct'. in the session held in the nineteenth and twentieth years
of Her Majesty's reign, chapter one hundred and forty-one, section two, shall
have power and authority from time to time by any By-law or Canon by them
adopted, to make sucli repeal, change , alteration and amendment of and in all or
any of the clauses or provisions in all or any of the said Acts in the Preamble of
this Act mentioned, as they shall deem advisable and necessary for the better and
more uniform regulation and management of all or any of the temporalities of the
said United Church of England and Ireland in this Province, and every such Canon
or By-law shall have effect accordingly ; provided always, that the proviso to the
sixteenth section of the Act firstly, and the proviso to the eighteenth section of
the Act thirdly in the Preamble of this Act mentioned, and also the eighteenth
sections of the Acts firstly and secondly and the twenty-second section of the Act
mentioned, shall not, nor shall either of them be in any manner varied, altered,
or repealed by any such Canon or By-law as aforesaid ; and provided, also, that
such Canon or By-law shall be approved by the Governor in Council, and befora
8uch approval, shall be published for three mouths in the Ofiicial Gazette.

2. This Act shall be a Public Act.

26
APPENDIX F. •

An Act respecting Churchwardens in the Diocese of Toronto.

[47 Vic. cap. 89 : Assented to 25th March, 1884.]

[Note : — This Act was passed in consequence of the decision of the Common
Pleas Division of the High Court of Justice (Ont.), in Anderson v. Worters et al.,
32 U. C. C. P. 657. See Canon ix., published as Appendix G below.

Whereas doubts have arisen as to the suflBciency of the Church Temporalities
Act, passed in the 3rd year of Her Majesty's reign, and chaptered 74 ; and of the
Diocesan and Provincial Synods' Act, passed in the session held in the 19th and
20th years of Her Majesty's reign, and chaptered 141 ; and the Incorporated Synod
of the Diocese of Toronto have, by their petition, prayed for an Act to make
further provision in the premises ; and it is expedient to grant the prayer of the
said petition. Therefore, etc.

CHUCHWAKDENS OF FREE AS WELL AS PEWED CHUECHES TO BE A COEPOKATION.

The Churchwardens for the time being of any Church in the Diocese of
Toronto in the Province of Ontario, in communion with the Church of England in
Canada, elected or appointed under the provisions of the Church Temporalities
Act, passed in the third year of Her Majesty's reign, and chaptered 74,* or of any
Canon passed or to be passed by the Incorporated Synod of the Diocese of Toronto,
under the powers conferred on such Synod by any Act of the Legislature, shall,
whether they be Churchwardens of pewed or of free churches, besides possessing
the powers and authorities conferred upon such Churchwardens by any Act of the
Legislature now in force, be a corporation with perpetual succession under the
name of " The Churchwardens of the Church of , in the ," to represent

the interests of the church of which they are so elected or appointed, and of the
members thereof, and shall and may sue and be sued, answer and be answered
unto, in all manner of suits, actions and proceedings whatsoever, for and in respect
of such churches and churchyards, and all matter and things appertaining thereto.

PROVISO.

Provided always, that nothing herein contained shall be so construed as to
make the provisions of the Church Temporalities Act, as to the renting or sale of
pews, apply to free churches so long as they continue free.

APPENDIX G.

CANON NO. IX. — VESTRIES IN FREE CHURCHE.S. (a)

1. That in all churches or places of worship of the Church of England within
the Diocese of Toronto, in which the sittings shall be free, and in which a vestry
shall have been organized before this Canon shall take eflFect, a vestry may here-
after be formed for all purposes mentioned in "The Church Temporalities Act," not
inconsistent with the constitution of free churches, to be composed of all persons

*See this Act printed in Appendix D, herewith, page 20.

(a) See 47 Vict. (Ont.) cap. 89, printed as Appendix F, above.

who shall at the time be entitled to vote for Lay RepresentativeB to the Synod of
the parish or mission within which such church or place of worship shall be
situated, [(a) 1884 pp. 52, 53; (c) 1885, p. 54.]

2. Whenever any new congregation of the said Church of England shall be
organized hereafter in this Diocese, of which the church or place of worship shall
be free, the first vestry thereof shall be formed of those male members of the
congregation of such church or place of worship, who shall be of the full age of
21 years, who shall be members of the Church of England, and who shall sub-
scribe the following declaration :

' I solemnly declare that I am a member of the Church of England, and of
this congregation (naming it); and that I intend to be an habitual worshipper with
this congregation during the ensuing year, and I do not intend to vote as a mem-
ber of any other congregation during that period ; and I am of the full age of 21
years." [iSec references to sec. 1.]

3. In case of any dispute arising as to the right of any person to be a mem-
ber of such vestry, in the case mentioned in the second clause, such dispute shall
be determined by any three persons, members of the Church of England, to be
named by the Rural Dean within whose deanery such church or place of worship
is situate, whose decision shall be finaL [See references to sec. 1.]

4. All subsequent vestries for such church or place of worship shall be
constituted as prescribed in the first clause. [See references to sec. 1.]

5. The 9th, 10th, 11th, 13th, and 15th sections of " The Church Temporalities
Act " * shall apply to vestries and churchwardens of free churches constituted,
elected, and appointed under this Canon. [See references to sec. 1.]

6. And be it further enacted by the authority aforesaid, that a meeting of
such vestry shall be holden on Monday, in Easter week, in each and every year,
after due notice thereof given during the Divine Service on Easter Sunday, for
the purpose of appointing churchwardens for the coming year ; and that at such
meeting one churchwarden shall be nominated by the Incumbent of the parsonage
or rectory to which the said church belongs, and the other shall be elected by a
majority of those present, and entitled to vote at such vestry meetings as afore-
said : Provided, nevertheless, that in case of such Incumbent declining or neglect-
ing to nominate a churchwarden then both of the said churchwardens shall, for
the current year, be elected in the manner aforesaid ; and in case members of
such vestry shall neglect to elect a churchwarden, then both of the said church-
wardens shall, for the currrent year, be nominated by the Incumbent : Pro-
vided always, that if from any cause a vestry meeting shall not take place
at the time specified, such appointment of churchwardens may take place at any
subsequent vestry meeting to be called in manner hereinbefore provided ; and in
case of the death or change of residence to twenty miles or more from any such
church, of either of the said churchwardens, a vestry meeting shall be thereupon
called, for the election, by the said vestry, of a new churchwarden, in case the
one deceased or removed had been elected by the vestry ; or for the nomination
of a new churchwarden by the Incumbent, in case the one deceased or removed
had been nominated by the Incumbent. [See references to sec. 1.]

7. And be it further enacted by the authority aforesaid, that no person shall
be eligible to the office oi churchwarden, except members of the said church, of
the full age of twenty-one years, and who shall also be members of such a vestry.
[See references to sec. 1.]

*See this Act, printed as Appendix D, page 20«

8. And be it further enacted by the authority aforesaid, that such church-
•wardens shall hold their ofiBce one year from the time of their appointment, or
until the election of their successors, except in case of an appointment or nomina-
tion to fill up any vacancy occasioned by death or removal as aforesaid, and in such
case the person so appointed or nominated shall hold the said office until the next
annual election. [(See references to sec. 1.]

9. All former canons respecting the vestries and churchwardens of free churches
are hereby rescinded. [See references as to sec. 1.]