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Wc the Bishop, the Clergy, and the Laity of the United Church of England and Ireland, within the Diocese of Montreal assembled in Synod, and intending, under God's blessing and guidance, to consider and determine upon such matters as shall appear necessary for the welfare of the Church in this Diocese, desire, in the first place, for the avoiding of all misunderstanding, to make declaration of the principles upon which we propose to proceed. We desire that the Church in this Diocese shall continue as it has been, an integral portion of the United Church of England and Ireland ; and we declare our firm and unanimous resolution, in dependence on Divine aid, to preserve those doctrines, and that form of Church government, which are at present recognized by the Church of England and Ireland. It is our earnest wish and determination to confine our delibera- tions and actions to matters of discipline, to the temporaliiicsof the Church, and to such regulations of order as may tent' to her efficiency and extension ; and we desire no control or awthority over any but those who arc or shall be members of out own Church, CONSTITUTION. 1 . The Synod shall consist of the Bishop of the Diocese, of the Clergy of the same, licensed to the cure of souls therein, or hold- ing office in any church, college or school under the jurisdiction of the Bishop (such Clergy not being under ecclesiastical censure)^ and of Lay representatives, to be elected as hereinafter provided. 2. The Lay representatives shall be male communicants of at least one year's standing, of the full age of twenty-one years, and shall be elected annually at the Easter meetings, or at any Vestry meeting (specially called for such purpose by Incumbents, after due notice on two Sundays), held by each Minister having a separate cure of souls, and all Laymen within the cure, of twenty- one years or upwards, entitled within such cure to vote at Vestry meetings, or who hold pews or sittings in the Church, though not entitled so to vote, who shall have declared themselves in writing to be •' Members of the United Church of England and Ireland, and to belong to no other religious denomination," shall have the right of voting at the election. 3. The Minister himself, if present, shall preside at the election ; and in his absence, the Curate or assistant Minister, or the Senior Church- warden, or a Chairman elected by the majority of those present, taking precedence in the order in which they are here named. 4. Every separate cure served by a licensed Minister shall be entitled to elect two Lay representatives ; but when there shall be two or more congregations, having a corresponding number of church edifices, within one cure, then each of such congregations shall be entitled to elect two representatives. 5. The following certificate, signed by the Chairman of the meeting, shall be transmitted to the Lay Secretary within 15 days after such election, whose certified list of Delegates prepared from such certificates, shall be considered sufficient proof of such elec- tion, and such Lay delegate shall continue in office until his successor is appointed : " This is to certify that, at a meeting held this day for the purpose of electing Delegates to represent this Congregation or Parish in Synod, being the Parish or Mission of , , a communi- cant of one year's standing, and of the full age of twenty-one years, was elected by the Laymen of this congregation, who have a right to vote at such election by virtue of their having, in accordance with the 2nd clause of the Constitution of the Synod of this cal cenaure), r provided, nicants of at iy-one years, ^, or at any IncumbcDt?, iter having a •e, of twenty- ate at Vestry , though not in writing to Ireland, and lave the right t the election ; lister, or the the majority hich they are ister shall be there shall be g number of congregations irman of the ithin 15 days prepared from ' of such elec- Bce until his )r the purpose or Parish in -, a communi- nty-one years, t have a right n accordance jrnod of this Diocese, declared themselves in writing, in a book kept for that purpose, to be members of the United Church of England and Ireland, and to belong to no other denomination, and being other- wise qualified under the provisions of said clause." 6. If a vacancy should occur in the number of representatives, by death, resignation, or any other cause, the Minister shall pro- ceed to hold a new election with as little delay as possible, after due notice. 7. Clergymen who have served in the Diocese and are resident in the same, but are now superannuated, may attend the meetinga of the Synod and vote at the same. 8. The Synod shall meet on thethird^Tuesday of June in every year, in the City of Montreal, or at any other such time or place as said Synod shall appoint at its last previous meeting ; provided also, that the Bishop may call a special meeting when he shall con- sider it necessary to do so ; or shall do so on the requisition often Clerical and thirty Lay members ; and at such special meeting no other business shall be transacted than that stated in ca'"ig the meeting. 9. When the Bishop is not present, his Commissary shall preside in his place; and when the See is vacant, the senior Dignitary of the Church, next in rank to the Bishop, in the Diocese, shall, within a fortnight of the occurrence of such vacancy, summon a Synod, to be held in not less than thirty days, to elect a successor to the See, at which he shall preside, and at such meeting no business except such election shall be proceeded with. 10. A quorum of the Synod shall consist of no less than twenty- five Lay and fifteen Clerical Delegates. 11. There shall be two Secretaries, one from the Clergy, the other from the Laity, who shall keep regular minutes of all pro- ceedings of the Synod, shall record them in a book provided for that purpose, shall preserve all papers, memorials, and other documents, shall certify the public acts of the Synod, and shall deliver all records and documents to their successors ; and give notice to each Minister and Vestry of the time and place appointed for any stated or special meetings of the Synod ; this notice to be given at least three weeks before such meeting. The rate of salary to be paid to the Secretary shall be settled and determined by the Executive Committee, The Secretary shall also perform the duties and receive the fees connected with the office of Registrar of the Diocese, viz., keep a record of all Church properties and moneys in the different parishes, and of all the changes that from time to time take place, and a certified copy of every deed and deeds of consecration, and boundaries of parishes, and every acquisition of property shall be sent to him by the Rural Deans. He shall be entitled to receive a fee of $1 for the registration of each document, and 50 cents for every copy of the same. The boundaries of every parish or mission erected under authority of the Canon, as well as of every vxisting parish or mission, shall be entered in a book, to be kept by the Secretaries of Synod for that purpose, and a copy thereof shall be furnished to any person applying for it on the payment of a fee of one shilling. 12. There shall be a Treasurer of the Synod, who shall receive and disburse all moneys collected and paid under its authority, and keep account thereof; and two Auditors who shall annually inspect and report on the condition of the accounts. 13. The vote of each order shall be taken separately, when so required by any three members, each vote being determined by the majority of the members present in each order. 14. No rule shall be binding on the members of the Church in this Diocese at large, which has not received the concurrent assent of the Bishop, the Clergy, and the Laity, and which has not been passed in the Synod. 15. Any proposition for an alteration of the Constitution, Regulations, Rules of Order, or Canons, shall be introduced in writing, and considered at the meeting at which it is introduced ; auu if approved by a majority of each order, shall lie over till the next meeting of the Synod, but shall not be finally adopted unless approved by majorities consisting of two-thirds of both Clergy and Laity then pre»enl. ORDER OF PROCEEDINGS. 1. The first meeting of the Synod in each Session shall be j)receded by public morning prayer, with a seimon and the Holy settled and oeive the fees viz., keep a •ent parishes, :e place, and aeration, and erty shall be ed to receive 50 cents for ry parish or 1 as of every k, to be kept copy thereof e payment of ) shall receive luthority, and aually inspect itely, when so letermined by the Church in current assent I has not been Constitution, introduced in s introduced ; e over till the idopted unless )th Clergy and ission shall bo and the Holy Communion ; and the collection at the offertory shall be devoted to missionary or such other purposes as the Synod may direct. 2. The business of every day shall be preceded by special prayer for the Divine guidance and blessing, according to a forin authorized by the Bishop. 3. After this prayer the Clerical Secretary shall call over the roll of the Clergy, to be furnished by the Bishop, and mark the names of those in attendance ; and the Lay Secretary shall call over the names of the several parishes, missions or cures, and the names of the delegates representing each of the same. 4. The election of new Secretaries shall then be made by the Clergy and Laity respectively, and a Treasurer and two Auditors shall be appointed, all of which officers shall be elected by ballot if demanded, and shall hold their respective offices until their successors shall be chosen. 5. After this, on the first day, and on all other days, after prayers, the order of business shall be as follows : — I. Reading, correcting, and approving the minutes of the pre- Tious meeting. II. Appointing Committees. III. Presenting, reading, and referring memorials and petitions. IV. Presenting reports of Committees, and of the Treasurer and the Auditors. V. Giving notice of motion. VI. Taking up unfinished business. VII. Consideration of motion. VIII. Orders of the Day. An address from the Bishop shall be in order at any time. FOR THE PRESERVATION OF ORDER. 1. The Synod shall meet the first day at two o'clock in the afternoon, and afterwards at ten o'clock each forenoon during its session, unless otherwise ordered by the Synod. And when it adjourns, the members shall keep their seats until the Chairman leaves the chair. 2. On the appearance of a quorum, fixed by the" Constitution of the Synod at twenty-five Lay and fifteen Clerical delegates, the 6 Chairman shall call the Synod to order ; and should there not bo a quorum at the appointed hour, the Chairman is authorized to adjourn the meeting during pleasure. 3. Immediately after the Chairman shall have taken the chair, the meeting shall be opened by prayer according to a form authorized by the Bishop ; and the minutes of the preceding meeting shall then be read to the end, that any mistake therein may be cor- rected by the Synod. 4. The Chairman shall preserve order and decorum, and shall decide questions of order, subject to the Synod, to be decided without debate. When called upon to explain a point of order, he shall state the rule applicable to the case, without argument or I I 20 Synod by any rule, regulation or Canon to be adopted for that purpose. OCCUPANCY OF PARSOXAGES AFTER DECEASE OF LVCUMBENTS. 1. At least three months from the time of decease shall be allowed to the widow, or children, or other relatives, of the late Incumbent, provided that they have been resident with him and forminj? part of his family up to the time of his decease, before they, or she, or any of them be called upon to leave the Parsonage. 2. If the Glebe or any other land be under cultivation, the crop thereof belongs, of course, to the lawful representatives of the deceased, unless his successors consent to refund the expense incurred in such cultivation, when the crop belongs to the in-com- ing Incumbent. 3. Ill the case of meadow land the grass belongs to the successor ; but if made into liay the same is the property of the representatives of the deceased. 4. The above rules apply to Clergymen on their being placed on the superannuated list. CHURCHWARDENS. The Incumbent and Church-wardens of every church and chapel being a body corporate and politic, the administration of the tem- poralities of every church or chapel is by law vested in them ; but for the more perfect and efficient administration, and with a view to leaving the Incumbent more complete leisure for the discharge of his sacred ofl5ce, it is expedient that certain duties should be under the more immediate superintendence of the Church- wardens. Wherefore it shall be the special duties of the Church-wardens of every church or chapel, »vithin fourteen days after appointment or re-election in each year, to make a faithful inventory, in duplicate, of all the movable property of the Corporation, and to insure the same, and all the buildings thereof, at their full esti- mated value, with some English or Provincial Fire Insurance Company, duly incorporated. And at each appointment or re- 21 !EASE OF eir being placed election of Church wardens, the out-going Church-warden or Church-wardens, shall present a true and faithful balance sheet o^ the accounts of the Corporation to be filed with the above-mentioned inventories in the vestry of the Corporation, and also shall hand over to his or their successors any balance of moneys remaining on hand. To provide for the due care and preservation of the said movable property, together with the administration of the said real estate thereof, during their tenure of office. Carefully to superintend and to enforce the execution of all con- tracts for the furnishing, repair, and preservation of the Church Parsonage, Burial Ground and Glebe, and to take the necessary steps to exact penalties in case of their non-fulfilment. To secure the warmth, cleanliness, and ventilation of the Church, and the supply of vestments, linen, books, and bread and wine for the celebration of the Holy Communion. To provide such books and documents as the Synod may from time to time require to be kept. To aflFord the Incumbent every assistance in their power in the supervision of the sexton, the organist, the clerk and the choir, and the inferior officers of the Corporation. To provide strangers with seats during the celebration of Divine Worship, in so far as the capacity of the building will allow. To maintain good order and quiet in and about the church or chapel, and in the adjoining roads and publ'e places during Divine Worship, and prosecute all offences against that good order and quiet. Vide Consolidated Statutes of L. C, o. XXII. To collect, in accordance with the Statute, pew-rents, subscrip- tions, alms, and offerings of the congregation, and to keep a faith- ful account of the receipts and disbursements of the congregation. To notify the Incumbent of any grievous sickness or destitution among the members of the congregation, and generally, and as far as in them lies, to promote the comfort and welfare of the Clergy- man and congregation. A copy of those instructions shall be sent to the Incumbent and Church-wardens of every church and chapol, and shall be read aloud by the Chairman of the Vestry, at each annual election of the Church- wardens. 22 COMMUNICANTS. The Vestry of every charge and parish represented in this Synod shall hereafter be required to furnish a suitable book or books in which shall be enregistered the names of all persons who are mem- bers of the Church in full communion, with the date of their first communion, as nearly as can be ascertained ; and this register shall be in all cases kept by the Clergyman holding such charge or Parish ; and shall be the property of the Parish ; and copies or extracts thereof, certified by the Incumbent, or, in his absence, by the Church-wardens, shall be full evidence of the status of any person in such congregation at the date of such en registration. NOTICE OF ORDINATION. The names of the candidates for Holy Orders on the Bishop's list shall be transmitted, by the Bishop, to each officiating clergy- man to be published by him during service at each place where he officiates, at least one month before the day of Ordination. SUSTENTATION OR ENDOWMENT FUND. a. — An annual sermon shall be preached in each Parish or Mission throughout the Diocese, on behalf of this fund, and the whole of the proceeds of the same shall be paid into the hands of the Treasurer of the Synod. b. An Annual Meeting for this object, in connection with the missionary purposes of the Synod, shall be held in every Parish or Mission throughout the Diocese, and the amount of collections made at the same shall be paid to the Treasurer of the Synod. c. Arrangements shall be made for bringing this plan, and the necessity for vigorously working the same, before the people in every Parish or Mission in the Diocese, — and with this object, a scheme for holding the requisite meetings, or preaching the requisite sermons, shall be drawn up, and the Bishop shall be requested to name a deputation or deputations for attending the same, — and, in addition, each Parish and Mission is earnestly re- commended to create a local endov)mcnt fund. 23 ted in thia Synod book or books in ins who are mem- date of their first this register shall such charge or h ; and copies or in his absence, by he status of any en registration. s on the Bishop's officiating clergy- ich place where he )rdination. F'UND. n each Parish or this fund, and the , into the hands of I connection with be held in every nd the amount of e Treasurer of the ; this plan, and the Core the people in with this object, a or preaching the 10 Bishop shall be for attending the sion is earnestly re- SUPERANNUATION FUND. 1. A sermon shall be preached annually in every congregation throughout the Diocese, and collections made for a Superannuation Fund. 2. The clerical subscription shall be five dollars. 3. The management of the fund shall be placed in the hands of the Synod. 4. Each case for partiv^Ipatlon in the benefits of the said Fund shall be determined upon its particular merits by the Executive Committee. REPRESENTATION TO PROVINCIAL SYNOD. The number of Clerical and Lay delegates to represent each Piocese in the Provincial Synod having been fixed by the Pro- vincial Synod at twelve of each order, the Clerical and Lay Secretary at the preceding Diocesan Synod shall always be ex-ojia'o amongst the number of delegates to represent this Diocese at any meeting of the Provincial Synod, with eleven others of each order to be elected by ballot at each annual meeting of the Synod. And in addition to those so to be elected, there shall also be elected six other Clerical and Lay representatives, who shall be substitute delegates to attend the Provincial Synod whenever from sickness, or other cause, the delegates shall be unable to attend the Provincial Synod. SCHOOLS. 1. There shall be attached to every Mission and Parish, when practicable, a Day School and Sunday School ; and also in every Rural Deanery there shall be established a Superior Church Day School. 2. The Master of such Day School shall be a member of the Church and receive a license from the Bishop. 3. The religious instructions shall be exclusively under the directions of the Clergyman, and the general management shall be vested in the Ministry and Church-wardens. 4. The schools shall be maintained by school fees, and public grants, and by subscriptions and endowments. And all the /ee8 shall be collected by the schoolmaster, who .hall account to the Church- wardens for the same. I II 24 5. The Sunday School shall be entirely under the direction of the Clergyman of each Parish or Mission, whose duty it shall be to nominate the teachers, to select suitable books of instruction for the several classes, to train and instruct, as far as prac- ticable, the teachers themselves, " to catechise from time to time the children," and to see that nothing is taught inconsistent with the doctrine and discipline of the Church. 6. A Standing Committee of Synod shall be appointed to select suitable books for Sunday and Day schools. CANON OF DISCIPLINE. ARTICLE I. Every Priest and Deacon, duly licensed by the Bishop, is amenable for offences committed by him, in the manner and under the provisions set forth in the Canon of Discipline hereinafter enacted. §1. 1. For any crime, or immorality, for drunkenness, profane swear- ing, disorderly conduct, frequenting places most liable to be abused to licentiousness ; for a violation of the Constitution or the Canons of this Synod or of the Provincial Synod; for discontinuing the exercise of the ministerial oflBce, without lawful cause ; for exercising any lay profession, or occupation inconsistent with his sacred calling; for the habitual disuse, after notice from the Bishop, of public worship, or of the Holy Eucharist, according to the offices of the Church; for the habitual infringment, after notice from the Bishop, of the rubric ; for schism, or the separating himself from the communion of the Church; 2. And also for' heresy, or teaching, or maintaining heretical doctrines ; or for teaching or inculcating doctrines contrary to those of the Church ; such teaching or maintaining being by way of writing, or printing, or preaching, or public teaching, or circulat- ing books containing unsound doctrines. 25 ppointed to select §2. 1. If any Clergyman has committed, or, on reasonable grounds' is believed to have been guilty of any of the foregoing ecclesiastical offences, committed within this Diocese, the Bishop, on the written application of any party complaining thereof, or of his own mere motion, may summon the party to appear before him, in private, and, upon confession of the offence alleged, may pronounce such sentence as may be proper. 2. If the Bishop should consider the matter to be of such a character or magnitude as to require it to be placed on record, in such case the accusation shall be reduced to a definite form : there shall be added the confession signed by the party, and the same, with the sentence pronounced, shall be recorded in like manner as other sentences are hereinafter directed to bo recorded. 3. If the accused party shiiU not admit or coafess the offjnoe alleged, and the Bishop be of opinion that there are grounds for further inquiry, the Bishop may issue a commission under his hand and seal to Jive Priests, of whom one shall be an Archdeacon, within the Diocese, who shall make inquiry into the truth of the accusations, and report the facts, as well as the evidence taken, and whether, in their opinion, there be sufficient j:>n'ma facie evidence to justify further proceedings. 4. In such case, the accusation shall be reduced to form in writing, and a deposit placed in the hands of the Bishop, to his satisfaction, for the costs of the proceedings, if the accusers be laymen ; such deposit to be applied in payment of the expenses of the party accused if acquitted, and the balance, if any, to be repaid to the depositor; and notice of the time when, and place where, every such meeting of the commission shall be holdon, shall be given in writing to the party accused, by means of personal service, at least twenty days before the first meeting ; and it shall be lawful for the party accused, or his agent, to attend the proceedings of the commission, and to examine or cross-examine any witnesses ; and such preliminary proceedings shall be in private, unless the party accused shall desire otherwise. 5. Should the party accused neglect or refuse to appear before the said commission, his default, after good and sufficient service. 26 sball be placed on record, aad the c jminissiouors shall proceed with theur inquiry ex-parte. 6. Upon the receipt of the report of the commissioners, the Bishop shall take such further proceedings therein, as the case may, in his judgment, require. ARTICLE 2. 1. A charge may be preferred against any clergyman for any of the ecclesiastical offences above enumerated, in the manner and under the provisions following : It may be made by the Bishop of the Diocese, ex ojit-lo, by any five clergymen officiating in the Diocese, or by any ten vestry men of any Parish or Mission wherein the offence is alleged to have been committed. 2. The charge when mude by any other than the Bishop ex- officio, shall be in writing, signed by the parties making it, and shall specify the offence or offences with reasonable certainty, as to time, place, and circumstances. 3. There shall bo annexed to it the names and residences of the material witnesses, and a copy of any documentary evidence relied on. 4. It may be in tlie following form : — *' The subscribers, (titles and additions,) allege and charge, that " the Rev. A. B., a minister of this Church, of the order of , and , of the church or parish of i( " , has been guilty of certain ecclesiastical offences, " for which he is subject to trial and censure ; viz., of " To establish which allegations and charge, we refer to the " accompanying affidavits, certificates, documents, and to the " witnesses whose names and places of residence are hereunto " annexed. " Which charge (or charges) we know to be true in substance, " (or) which charges on information satisfactory to us, we believe to be true." 5. Whenever a charge or cliurges against any Priest or Deacon shall have been reduced to writing and delivered to the Bishop, it shall then be the duty of the Bishop to cause to bo served per- I • I 27 sonally on tlie accused a cortified copy thereof, together wlfh notices of the time and place of trial, both of which the Bishop shall prescribe or fix. 6. The charges and notice shall be so served at least thirty d*ys before the time appointed for the trial. In case of the innocence or acquittal of the accused, every reasonable effort shall be made to clear the character aspersed, in public estimation, at the expeose of the accusers. 7. In the event of a public rumour prevailing against a Clergy- man as having committed any of the Ecclesiastical offences above enumerated, the Clergyman may, upon applica*! ' in vrriting to the Bishop or his Commissary complaining of such ru nour, and asserting its falsity, obtain an inquiry by commission as herein- before provided into the particulars of such rumour, and an oppor- tunity be afforded to such Clergyman of exculpating himself. ARTICLE III. 1. There shall be a Court to be cMled " The Diocesan Court of Montreal," to try such charges as may be preferred against any Priest or Deacon of tho said Diocese. 2. It shall be composed of fifteen Priests, v^ho shall be annually elected by ballot, by a majority of the Diocesan Synod, at its annual meeting, and who shall continue in office until others shall have been chosen in their places. 3. The Bishop shall have power to fill all vacancies which may occur by removal from the Diocese, by death or by election to the episcopate, or in case any one of them be the party accused, until the next meeting of Synod. 4. The Court shall name from among their body a Clerk, whose duty it shall be to keep a record of all the proceedings had before the Court. 5. The Church Advocate (as hereinafter appointed), shall give notice in writing at least fifteen days before the day fixed for the trial, to the party accused, to attend before the Clerical Secretary of the Synod, time and place being mentioned in the notice, when and where the party accused shall strike from the list of the njcmbers of the Court, elected as aforesaid, one of the names, and 28 ii|| the Church Advocate shall strike oflF another, and so alternately until the number shall be reduced iofioe, which five, or a majority of them, shall form the Court for the trial. 6. If the accused shall neglect to attend in person, or by an agent, the Clerical Secretary of the Synod shall strike the list with the Church Advocate, in place of the accused so absent. 7. The accused and Church Advocate may, by a written con- sent, fyled with the Clerical Secretary of the Synod, agree upon any five of the members of the Court, so elected as aforesaid, which five, or a majority of them, shall form the Court. 8. The Bishop shall issue a precept, addressed to the members of the Court, so struck or agreed upon, requiring them to proceed to the trial of the accused at the appointed time and place ; which precept, together with a certified copy of the charges, shall be transmitted by the Bishop to the President of the Court (to be named by him), whose duty it shall be, on receipt thereof, to ciuse all the members of the Court, so struck or agreed upon, and the accused, to be summoned to meet at the prescribed time and place. 9. The Bishop shall, at the annual meeting of Synod, nominate a Church Advocate to conduct all prosecutions ; he shall be a Priest belonging to the diocese, or a layman who is a practising advocate of the Province of Quebec, and has been a communicant of some church within the Diocese, at least two years before such nomination, and is such at the time of his appointment, and shall continue to be such during the time of his holding said office. 10. If on the day fixed for the trial, the accused shall appear, he shall, before proceeding to trial, be called upon by the Court to say whether he is guilty or not of the offence or offences charged against him ; and on his neglect or refusal, the plea of not guilty shall be entered for him, and his trial shall proceed. 11. Exceptions to the form or substance, or any part thereof, or legal sufficiency of the charge or presentment, or any part there- of, or of the allegations or specifications therein, or to the jurisdiction of the Court or any m?mber thereof may be taken by the accused, and shall be determined by the Court. But the Court may, with reference to exceptions as to form not affecting the substantial 29 merits of the proceeding?!, order tiieir Clerk to make such amend- mcDts as may be deemed necessary. 12. Such exceptions shall be made in writing, at the time of pleading. 13. If no such exceptions are taken, or, having been taken, are overruled, the accused shall be called upon to plead guilty or not guilty, as aforesaid, and the trial shall proceed. 14. If the accused neglect or refuse to appear, according to his summons, due notice having been served upon him as aforesaid, except for some sufficient or reasonable cause, the Court shall certify such default to the Bishop, whereupon the Bishop shall pronounce him to be in contumacy: and sentence of suspension from the ministry shall be forthwith pronounced against him for such contumacy by the Bishop ; but this sentence may be revoked if within three calendar months, he shall tender himself ready, and accordingly appear and take his trial on the presentment. 15. No proceeding shall be instituted against any Priest or Deacon, unless the same be commenced within two years after the commission of the offence in question. And any such proceeding shall be prosecuted to final judgment within six months from the date of its institution, 16. When proceedings are brought in respect of an offence for which a conviction has been obtained in a civil or criminal tribunal) the suit in the Diocesan Court may be commenced against the clergyman so convicted, within two years from the date of such conviction. 17. The accused party may have the privilege of appearing by counsel if he shall see fit. 18. All evidence shall be taken in writing, and each witness shall be sworn in open Court. 19. All notices, services, and citations, shall be made on the accused personally within the delays before mentioned. 20. If on or during any trial the accused shall confess the truth of the charges contained in the presentment, the Court mav dispense with hearing further evidence, and proceed at once to report the same to the Biskop, whose duty it shall then be to proceed to pass sentence. I i 30 21. The procjeedings upon a trial shall be private, unless the accused party shall request the same to be public, in which latter case the Court may direct it to be private should public dcconcy be likely to be outraged by such publicity. 22. No charge shall be considered as substuntiated or proven by the testimony of less than two witnesses. 23. If any member of the Church shall be summoned to attend as a witness before the Court or Commissioners, con- stituted under any provision of this Canon, or being present before either of the same, shall refuse to testify, or to be sworn or affirm, such persons may be declared guilty of contumacy, and punished accordingly. 24. A certificate or record of such contumacy shall be signed by the President of the Court, or Commissioners, as the case may be, and transmitted to the Bishop or his Commissary. 25. Whereupon the Bishop shall cause reasonable notice to be given to the party of the proceedings intended against him, and after due citation, and the hearing of the party in defence or extenuation, or in default of his appearing to answer, the Bi.shop may proceed, if the party be a layman, to admonish or suspend him from coirtmunion with the Church, and if a Priest or Deacon, to admonish or suspend him from his office until such contumacy be purged. 26. The Court may, in its discretion, adjourn from time to time. 27. The Court having deliberately considered the evidence, shall declare in writing signed by the members thereof, or a majority of them, their decision on the charges contained in the presentment, whether in their opinion the accused is guilty or not guilty on each particular charge. And, in the event of the Court biung equally divided, the charge or charges shall be considered not proved. 28. If the accused, after trial, shall be found guilty, the finding of the Court together with all their proceedings, including tha evidence taken in the case, shall be transmitted to the Bishop before it is transmitted to the accused or in any way made public, and he may proceed to pass such sentence, 81 as in his judgment may bo proper, not repugnant to the provisions of the Statutes under which the Synod is constituted. 29. A copy of the sentence shall be sent to the accused, and after the expiration of one month, provided no notice of appeal be given, another to the vestry, or vestries of the parish, or parishes, or congregation, or congregation?, with which the accused may be canonically connected ; and such other publicity may be given to it as the Bishop shall think expedient. 30. When the penalty of suspension shall be inflicted, such sentence shall specify the terms thereof and the period of its duration. 31. During his suspension the suspeadt^d minister, shall not exercise the functions of the ministry either in his own congrega- tion or elsewhere within this Diocese. 32. Upon sentence being pronounced, the conner*'on between the minister and his parish, or congregation, shall be ipso facto severed, and all other oflSces, rents, issues, profits, and emoluments, which he may have held by virtue of such oflSce or ministry, from which he has been removed, shall wholly cease and determine. ARTICLE IV. 1 from time to 1 . The Rubric, prefixed to the order of the Holy Communion in the book of Common Prayer, prescribes the manner of proceed- ing by the minister of any parish toward any layman guilty of any of the offences therein mentioned, and provides for the reporting the same '.o the Bishop. 2. If t'le party thus repelled shall think proper to make a com- plaint (ir writing) to the Bishop, against the conduct of his minister, in such case it shall be the duty of the Bishop, (unle s he think proper to restore him, from the insufficiency of the cause assigned by the minister) to institute an inquiry into the meittsof the case. 3. If the Bishop should not think proper of his own authority to restore the layman complaining, as above, he or his Commissary shall appoint two disinterested clergymen, and two disinterested laymen, who are communicants, to inquire into and try the case. 82 4, If they report to the Bishop that the repelled person ought to be restored, the Bishop shall so di-ect, and no minister of the Diocese shall deny him the Holy Communion. 5, If they report otherwise, or make no report within three months from their appointment, the repulsion shall continue in force. If this Board of Inquiry be equally divided, they may elect an umpire, clerical or lay, and a majority may report whether the party has been rightfully repelled or not, according to the Rubric. 6. If the judgment direct a continuance of the repulsion, it shall still be subject to the conditions and provisions of the Rubric. 7. The judgment of the Board of Inquiry shall be final, unless the Bishop t'hali grant a re-hearing.