IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 m ■./to 2.2 2.0 1.4 1.6 V] <^ /2 m. e. ei ^* S' ^3 ^»>'^- ^ /a °m ^ ^ //a Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 '^o (/a CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut canadien de microreproductions historiques Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiqu6s ci-dessous. D Coloured covers/ Couverture de couleur □ Coloured pages/ Pages de couleur I I Covers damaged/ D Couverture endommagde Covers restored and/or laminated/ Couverture restaur^e et/ou pelliculde D D Pages damaged/ Pages endommag6es Pages restored and/or laminated/ Pages restaur^es et/ou pelliculdes I I Cover title missing/ Le titre de couverture manque v/ Pages discoloured, stained or foxed/ Pages d^colordes, tacheties ou piqudes D Coloured maps/ Cartes gdographiques en couleur □ Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relid avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serr^e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ 11 se peut que certaines pages blanches ajoutdes tors d'une restauration apparaissent dans le texte, mais, lorsque cela dtait possible, ces pages n'ont pas 6t6 filmdes. D D D D Pages detached/ Pages ddtachdes Showthrough/ Transparence Quality of print varies/ Quality indgale de I'impression Includes supplementary material/ Comprend du materiel supplementaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 filmdes d nouveau de fapon d obtenir la meilleure image possible. D Additional comments:/ Commentaires suppldmentaires; This item is filmed at the reduction ratio checked below/ Ce document est filmd au taux de reduction indiqud ci-dessous. 10X 14X 18X 22X 26X 30X 7 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of : D.B. Weldon Library University of Western Ontario The images appearing here are the best quality possible considering the condition and legibility of the original copy and in Iteeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol ^«»> (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, Pb : as charts, etc., may be filmed et differeni »?»djt ^u.i "'ttioo. Those too large to be entirely inciL J ' in one exposure are filmed beginning in the upptr left hand corner, left to right and top to bottom, as many frames as required. The followini:| diagrams illustrate the method: L'exemplaire film6 fut reproduit grdce d la gdnirositi de: D.B. Weldon Library University of Western Ontario Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition et de la netteti de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimde sont filmds en commen^ant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ► signifie "A SUIVRE", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent §tre film^s d des taux de reduction diffdrents. Lorsque le document est trop grand pour etre reproduit en un seul cliche, il est filmd A partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 : 1 h A nm wmmmmm 9 ' ^i, i- ACT OF INCORPORATION, Declaration, Constitutioii, Rules, Csnons snd By-Lhws -OK THE- SVHOD -OF THE- D loeese of l^iai^ ara, WITH STANDING RESOLUTIONS, &c. Being a "HANDY BOOK" of the Proceedings of the Synod from its formation in 1878 to 1886 inclusive: ALSO — The CONSTITUTION, RULES and CANONS of the PROVINCIAL SYNOD, AND SUNDRY ACTS OF PARLIAMENT AFFECTING ECCLESIASTICAL RIGHTS. HAMILTON : TIMES PRINTING COMPANY, HUGHSON STREET. 1887. 6 h-, 20 . II n. r 1 I. 2. 3. 4. 4, '9 $ *9 < Contents of Synoi gpumals Pfl^a. l6 17 The Aet of Incorporation of Synod, Handy Book*»*5 Aaenteents to same (Journal for 1891, page* ••• • (Journal for 1892, page* ••• • Conatitution of Synod, Journal for 1892 ••TS Rules of Order, Handy Book • Canons A By»laws On Vestries, Journal for 189^*^ • • • • .8t Comnutation Trust l^md, Journal for 1894.. . • • . * .8' Aged * Disabled Clergy Fund, Journal for 1894. •« 90! W. & 0* l^and, Journal for 1893* • 88<; Selling * Mortgasing church property, 1836 69 Amendment to same, Journal 1891* • 73 The Discipline of the Clergy, Handy Book SO Missionary Meetings, Handy Book. • • 49 1 Mission Fund, Journal 1895**.... 100 DiYinity Students, Journal 1895 1(% Resolutions (important ones) On dutie s of audi tors» Journal 1894* • . • • • 3< On arrangements ifith Bank, Journal 1893. ••41.& 6< On General Expense Acct.&c. , Journal 1893,42,66,4^ Investments, Journal 1893 42j On method of keeping A confirming minutes, (Journal 1895.. ..411 To amend Act of Incorporation, Journal 1894 8** ',1 RESOLyTIORS. In the Ninth Session of Synod, June, 1883. That the Honorary Secretaries of the Synod be requested to prepare for publication a book containing the Act of Incorpora- tion of the Synod, the Constitution as it at present stands, the standing resolutions of the Synod, the various By-laws and Canons as amended, and generally such other information as they may deem advisable. — 1883, p. 52. In the Tenth Session of Synod, June, 1884. That 500 copies of the Handy Book, prepared by the secre- taries, as ordered by Synod last year, be printed, and that they be sold at a charge of twenty-five cents per copy. — 1884, p. 61. In accordance with the above Resolutions, the present book is prepared C. H. MOCKRIDGE, D. D. J. J. MASON. OFFICERS of the NIAGARA DIOCESAN SYNOD, from 1875 to 1886, (SOXH IiTCX.-CrSI-VK.) 1875. 1885. 1875. 1876. 1877. 1880. 1885. 1875. 1875. 1875- 1879. 1880. I88I. 1886. 1875- 1878 1875- PRESIDENTS. RioHT Rev. Thos. Brock Fuller, D. D., D. C. L., First 1'lshoi' ok Niagara. Right Rf.v. Charles Hamilton, D. 1).. D. C. L, Second Hishoi- ok Niacara, BISHOP'S ASSESSORS. Very Rev. Dean Cjeddks, D. C. L. Ven. Archdeacon McMurrav, I). D., I). C. L. Ven. Archdeacon McMurrav, D. D., D. C. L. Rev. Canon Read, D. D. Very Rev. Dean Geddes, D. C. L. Ven. Archdeacon McMurrav, D D , D. C. L. Ven. Archdeacon McMurrav, D. D, D. C. L, Rev. Canon Read, D. D. Ven. Archdeacon McMurrav, D. D., D. C L. Ven. Archdeacon Dixon, B. A. Rev. Canon Read, D. D. CHANCELLOR OF THE DIOCESE. Edward Martin, Esq., Q. C. REGISTRAR OF THE DIOCESE. F. E. Kilvert, Esq. HONORARY CLERICAL SECRETARIES. Rev. D. I. F. MacLeod, M. A. Rev. C. E. Thomson, M. A. Rev. C. E. Whitcombk. Rev. C. H. Mockridge, D. D. Rfv. W. R. Clark, M. A. HONORARY LAY SECRETARIES. F. W. Gates, Esq. J. J. Mason, Esq. SECRETARY-TREASURER. J. J. Mason. 86, • . "tm* ■ ■ORATION. ih- ;[,■ ; If. . ■/-, '>•■' •■ r, , f'f-,, r ■ • tU'>i I,.-, tilt. t' VI ■■■ s « s^ i' ' ''Ir ' '' ,• ',.' ■ f r,f j^/if ■ T '■, . . f rn^n- »!»•,..•;, -j^j^^ »„ f;>^^, ^^^ , X. ( i s V , \ ( ■, ; ■>fi '<:'"-V-.J 4 < '*-» •^■■'•^ ••i.<.,^ ,-f- .t 1 1 1 1 i ( i , i t '' ( • - ■ • f i J ■ j 1 1 i '- i ■ ■. ■■ . ■ ■ ^ .'■■ i' ■' J \ . ■ ■[ ■ t ■ ■ '- '- - .' i . ■ ■ '< *,'--■ i 1 ' 1 V 1 . i ' f . > r . -1 ■ i ' f ' V* ' . 1 V. ' •HANDY BOOK"' OF THE SyNOI\ III. It is our earnest wish and determination to confine our ileliher- ations and action to matters of discipline, to the temporalities ot the Church, and to such regulations of order as may tend to her efficiency and extension ; and we desire no control or authority over any but those who are or shall be members of the Church of I^ngland. V\^e conceive that the following and such like objects may fitly come under our consideration, and lead tcj action on our part, in subordination to the Provincial Synod in matters belonging prop- erly to its jurisdiction : — 1. To frame a constitution (or the Synod of this Diocese, and to regulate the time and place of its meetings, and the order and manner of its proceedings. 2. To provide for the proper exercise of ecclesiastical discipline in regard both to Clergy and Laity. 3. To provide for the extension and temporal well-being of the Church and the support of the Clergy, I, ay Readers and School- Masters ; for the maintenance of Public Worshi)), and the diffusion of a sound, religious education. 4. To promote and regulate the building and consecration of Churches, and the erection of Parsonages and School-houses. 5. To provide for the collection of funds for Missionary objects beyond the bounds of the Diocese. 6. To provide for the division of the Diocese into Parishes, with regulations for future sub-divisions. 7. To provide fit regulations for the appointment of Bishops, Priests and Deacons. 8. To regulate the fees for Marriages and other offices of the Church. 9. To ])rovide for the division of the Diocese into new Dioceses when deemed necessary. TO. To procure from the Legislature any laws or modification of laws which the circumstances of the Church may reciuire. IV. In conclusion we humbly pray that the God of Unity and Peace may be with us, and so chasten our affections, purify our motives, and guide our judgment, that we may be enabled to contribute to the efficiency, concord and stability of the Church in this land. — 1876, p. 40. 1 10 '' HANDY BOOK'' OF THE SYNOD. 0^TSTirrXJ"TI01:T OF THE INCORPORATED SYNOD OF THE DieeESE ©F NIASAF^A. The Tncorporated Synod of the Diocese of Niagara shall con- sist of the Bishop of the Diocese, who shall be the head of the Synod, and any Suffragan or Co-adjutor Bishop thereof, the Priests and Deacons of the same, licensed by the Bishop or Suffragan, and the I-ay Representatives, to be elected as herein- after provided. — 1876, p. 40. II. The Lay Representatives of each parish or cure shall be male communicants of at least one year's standing, of the full age of twenty-one years, who have been liabitual worshippers with the congregation of the said Cure or Parish for which they are chosen representatives. They shall be elected as hereinafter provided, at the annual Easter meeting held by each Minister having a separate cure of souls, or at any meeting specially called for that purpose. In the event of their being a temporary vacancy in any Incumbency owing to death, or other cause, it shall, notwithstanding, be lawful for the Congregation to meet for such election at such time and place as the Church Wardens shall appoint for the purpose. And all Laymen within the Cure of twenty-one years of age or upwards, who shall annually sign a Declaration, in the form following, shall have the right of voting at the election : — "I , solemnly declare that I am a member of "the Church of England ; that I am an habitual worshipper with "this congregation, [naming it,] and have not voted as a member "of any other congregation within the year." The number of Lay Representatives to be elected within the Cure or Mission shall be three, to serve as hereinafter provided. The first on the list of the representatives, returned as elected at the Easter next ensuing, shall serve for three years, the second so returned shall serve for two years ; and the last so returned shall serve for one year, and they shall be eligible for re-election. In icy Iful nd nd all of th ler he at ill [n i I , ' I "■■ ' ■•••• J ; I (■' H.^ ' ■> *' ». / ■ . \ 4 ) t Si I - { \ », ( ■'*• l,s . I ■.'f.t ''HANDY /iOOK" 01' THE SVNOIK 11 earh succeeding year one representative shall be elected to serve for three years. In case tiiere be two congregations in any Parish or Mission the larger congregation shall have the right to elect two represen- tatives, and the smaller congregation one. In < ase there shall be three congregations in any (!ure, each congregation shall be entitled to elect one representative, and in case tliere be four or more congregations in any Cure, the largest, as well as the next to the largest congregation shall each elect one representative, and the remaining congregations shall have the right to unite and elect the third representative. Provided always, that the Chancellor and Registrar of the Diocese, notwithstanding the provisions of this Secticju with refer- ence to communicating or worshi]jping with the I'arish which may elect them, if otherwise eligible, may be elected as Lay Delegates by any Parish in the Diocese. — 1876, p. 41. III. No person who has received Holy Orders shall be eligible for election as a Representative of the Laity, and any Lay Represen- tative, who shall cease to be an habitual worshipper with the congregation which he represents, or fails to communicate at least three times each year in the parish which he represents, shall, at the annual Easter meeting or any regular meeting for the election of Rei)resentatives, on the announcement of the fact by the Chair- man, cease to hold the office of Lay Representative, and another shall be elected, in accordance with the rules herein laid down, to serve for the unexpired portion of the term for which he was elected. — 1876, p. 42. IV. The Minister himself, if present, shall preside at the election and in his absence the Curate or Assistant Minister (if there be one); or, in case neither the Minister nor his Assistant be present, or if there be a temjjorary vacancy in the Incumbency, a Chair- man to be elected by a majority of the electors present shall preside. — 1876, p. 42. V. Within ten days after such election the Chairman of the meet- ing shall send to the Secretary-Treasurer the amount assessed on the Parish or Cure, as hereinafter provided, together with a certificate of such election, with the P. O. address of each Lay Representative, according to the following form, which shall be supplied by the Secretary-Treasurer of the Diocese : "This is to certifiy, that at a meeting held on the day of 12 ''HANDY ROOK'' OF THE SYNOD, A. D., i8--, for the purpose of electing a Lay Representative (or Lay Representatives), in Synod, for the Cure or Parish of , A. B. (C. 1). and E. F.,) being a Communicant (or Communicants) of at least one year's standing, of the full age of twenty-one years, who has (or have) been an habitual worshipper (or habitual worshippers,) with the congregation ; and has (or have) communicated at least three times during the twelve months previous to the election in the Cure or Parish aforesaid, was (or were) elected by the Laymen vvithin this Cure, who have the right 10 vote at such election, o^ virtue of having signed the Declaration provided in Section Number Two of the Constitution of the Incorporated Synod of the Diocese of Niagara." $- -day of 1 8 — Chairman." " I also forward herewith the assessment of the Parish, being And such certificate shall be endorsed as follows : Hamilton, To the Secretaries of the Synod : Gentlemen, — I have received the Synod Dues of this Parish or cure ; you can therefore enter the names of the Lay Re])resen- tatives on the Synod List. Your obedient Servant, Secy-Treas. Which certificate so endorsed by the Secretary-Treasurer of the Synod shall by him be forwarded to the Secretaries, who shall enter the names of the Lay Representatives on the Synod List, with the P. O. address, to be printed and sent to each member of the Synod, by the Executive Committee, with their order of pro- ceedings. — 1876, p. 42. VL The Chairman of the meeting shall also furnish each Represen- tative with a similar Certificate ; without it, any person presenting himself as a Representative, shall be required before taking his seat, to afford sufficient proof that the requirements of the Synod have been complied with in his election. All Representatives shall continue in office until the next meeting of the Synod after the election of their successors, or until they have vacated their office, and every Representative resigning his office shall signify such resignation to the Secretary-Treasurer of the Synod, who shall thereupon notify the Incumbent of the Parish of such res- ignation, in order to a new election being held. Provided, that ! H; f ( , • u - 1 'HANDY BOOK"' OF THE SYNOD. 13 when any cure shall be vacant from the inability or neglect ot the congregation to supjjort a Clergyman, the Lay Representatives shall, after the expiration of one year from the vacancy, caused by sucli inability or neglect, cease to hold and have seats in the Synod. — 1876, p. 42 VII. A Committee of two, to be appointed by the Bishop, shall meet at the Synod Office at least two days before the meetmg of Synod, and examine the (Certificates of Lay Representatives sent in to the Secretary-Treasurer by tlie respective Clergymen in the Diocese, and shall prepare a rejjort thereon, to be placed in the hands of the honorary Lay Secretary on the opening of the Synod. — 1876, p. 42. VIII. No Representative shall be entitled to take his seat in the Synod until all the assessments upon his Parish for Synod expen- ses shall have been paid. — 1876, p. 42. IX. In the event of a vacancy occurring in the number of Represen- tatives of any Parish or Cure, either by death, removal from the Parish, resignation, or from any other cause, the Minister of the said Parish or Cure shall proceed within fifteen days to call a new election, by giving notice thereof on two consecutive Sundays, to fill such vacancy, and the person thus elected, shall be elected to serve the unexpired ]:)ortion of the term of the Representative whose place he fills, and the voters at the last election shall be entitled tj vote at such new election without further registration. And in the case of a vacancy in the Incumbency, the meeting for the election of a Representative is to be called by the Church Wardens, as provided in Section Number Two. — 1876, p. 42. X. The Synod shall meet annually on the last Wednesday in May, or at such other period as may be deemed expedient by the Bishop, who shall appoint the place of meeting, and shall adjourn (jr dissolve the Synod, as may api)ear to him most conducive to the welfare of the Diocese. — 1876, p. 42. XI. On the receipt of the notice of a meeting of the Synod each Minister shall at Morning and Evening Prayer use the following form of Prayer for the Divine Blessing on the proceedings of the Synod : — I J ^ 5 tm 14 ''HANDY BOOK'' OF THE SYNOD. PRAYER £0^ THE DIVINE BLESSING. Almighty Father, who in the begining of the Gospel didst cause the Apostles and Elders to meet together under the guidance of Thy Holy Spirit ; and hast promised, through Thy Son Jesus Christ, to be with Thy Church to the end of the world : Vouch- safe, we pray Thee, to be present with the Synod of this Diocese now about to assemble (or now assembled) ; give unto them the spirit of wisdom, patience, love, and of a sound mind ; and so direct, sanctify, and govern them, that they may seek truth and peace : and that through them the saving Gospel of Christ may be more effectually preached and ministered, Thy dispersed sheep gathered into the fold, and Thy Holy Church established, strength- ened, settled, united and sanctified ; through the merits and intercession of the same Jesus Christ, Thy Son our Lord — Amen. A PRAYER FOR UNITY. O God, the Father of our Lord Jesus Christ, our only Saviour, the Prince of Peace ; give us grace seriously to lay to heart the great dangers we are in by our unhappy divisions. Take away all hatred and prejudice, and whatever may hinder us from godly union and concord ; that as there is but one Body, and one Spirit, and one Hope of our Calling, one Lord, one Faith, one Baptism, one God and father of us all, so we may henceforth be all of one heart and of one soul, united m one holy bond of Truth and Peace, of Faith and Charity, and may with one mind and one mouth glorify Thee, through Jesus Christ our Lord. Amen.— 1876, p. 42. XII. When the Bishop is not present, and has not appointed a deputy, then the Senior Dignitary or Clergyman of the Diocese present shall preside in his place. — 1876, p. 42. xin. A quorum of the Synod shall consist of not less than one-fourth of the whole number of the Clergy and one-fourth of the Lay Representatives of the several parishes of the Diocese ; and no business shall be transacted without a quorum. — 1876, p. 42. XIV. There shall be two Honorary Secretaries of the Synod : one a Clergyman and the other a Layman, both members of the Synod ; the former to be elected by the Clergy, and the latter by the Lay Representatives ; and there shall also be a Secretary-'freasurer, to be appointed by the vote of the Synod ; and such elections f" ■ M use of sus ch- 2se ;he so nd I ay ep th- nd Jr, ay lly it, ne id le i o I r,5l [iM ''HANDY BOOK" OF THE SYNOD. 15 ! and appointments shall be held and made on the first business day of the annual meeting of the same. — 1876, p. 42. XV. The Secretary-Trensurer shall receive such salary as may be decided upon from time to time by the Synod, which shall cover the remuneration to the said Secretary-Treasurer for all his services in respect of the various trusts and funds of the Synod, which salary shall be payable quarterly. — 1876. p. 43. XVI. It shall be the duty of the Honorary Secretaries to keep regular minutes of all proceedings of the Synod ; to see that they are cor- rectly recorded in a book provided for that purpose ; to conduct the correspondence ; to attest the i:)ublic acts of the Synod ; and to furnish daily a summary statement or synopsis of the whole of the unfinished business before the Synod, in the order in which it is proposed to take it up, which statement is to be posted on a Notice Board in a conspicuous place in the Synod. — 1876, p. 43. XVII. It shall be the special office of the Secretary-Treasurer to record in a book provided for that purpose, the regular minutes of all proceedings of the Synod as furnished by the Honorary Secretaries, to preserve all papers, memorials and other documents, and to attend to all the business of the Synod, when not in session, under the direction of the Bishop, the Chairmen of Connnittees and other officers of the Synod. And it shall be the further duty of the said Secretary-Treasurer to receive all m(jneys i)aid to him under the authority of the Synod, to keep them safely, to enter them in the books requisite for that purpose, and under such regulations as may be made by the Executive Committee, to deposit all such sums as soon as they amount to $100, to the credit of the said Synod in such chartered Hank or lianks of the Dominion as may from time to time be approved of by the said Executive Committee. — 1876, p. 45 XVIII. The said Secretary-Treasurer shall, under such regulations as may be made by the said Executive Committee, give security for the proper performance of his duties, and for the safe custody and deposit of all such moneys and securities as may come into his hands as Secretary-Treasurer. An annual vacation of four weeks, subsequently to the August meeting, shall be granted to the Secretary-Treasurer. — 1876, p 45. 16 HANDY BOO A"' OF THE SYNOD. XIX. Tlierc shall be elected annually, on the second day of the meeting of Synod (as the first order of the day), by the individual, clerical and lay members of the Synod respectively then present, twelve clerical and twelve lay delegates to the Provincial Synod. Twelve of each order thus elected having the highest number of votes, shall be the Delegates to such Synod, and six other clerical and six lay representatives whose names shall be next on the ballot, having the next highest number of votes, shall be substitute Delegates to attend the Provincial Synod, whenever from sickness or other cause the Delegates shall be unable to attend. This enactment to be modified as to the number of Delegates whenever the number of such Delegates may be altered by the Provincial Synod, to conform to such alteration. — 1876, p. 45. XX. Two clerical members and one lay representative, and two lay representatives and one clerical member (to be named by the Bishop), shall be the scrutineers of the clerical and lay vote respectively. Ballot boxes shall be provided to receive the ballots of the clergy and laity respectively. Upon each member of the Synod dejios- iting his vote, a mark shall be placed opposite his name on the roll by one of the Scrutineers of the order to which he belongs, and it shall be the duty of the Scrutineers to see that the number of votes deposited corresponds with the number of those who have voted upon the occasion. The Scrutineers shall hand over the ballot papers to the Secretaries, whose duty it shall be to preserve them until the close of the Synod, and then destroy them. — 1876, p. 45. XXI. The assessment (or Synod dues must include a sum necessary to pay the travelling expenses of the Bishop and clerical and lay delegates when attending any meeting of the Provincial Synod (whether ordinary or special), to the extent of not more than $15 for each person ; said payment to be made only in the case of those who shall have given a full and proper attendance upon the sessions of said Synod. The assessment for each year not to exceed the sum of one hundred and twenty-five dollars. — 1882, p. 52, and 1883, p. 48. Whenever any of the Delegates to the Provmcial Synod shall be unable to attend its meetings, they shall notify the Secretary- Treasurer of the Diocesan Synod of the fact, at least a fort- night previous to the meeting of the Synod. The Secretary- the iual, sent, nod. :rof 'ical the be iver I to r of be lay the ote rgy os- )er bo 'er to 'y )f t* J t I Ml HANDY HOOK" OF THE SYNOD. 17 Treasurer shall thereupon notify the substitutes in the order in wliifli their names stand upon the list, that they are recjuired to attend the Synod meeting instead of the Delegates unable to attend. In publishing the list of the Delegates to the Provincial Synod at tlie beginning of the report (or journal of proceedings), the names of the Delegates, whether clerical or lay, shall be printed in alphabetical order. — 1876, p. 41;. XXII. There shall be appointed annually by the Bishop on the morning of the second day of the meeting of the Synod three standing committees, each consisting of six clerical and six lay members of the Synod, of whom five shall form a (luorum, and who shall be called together by the Secretary-Treasurer at such stated times as maybe ap|)ointed for these meetings, or upon the reciuisition of the Bishop, the Chairman or any three members of each committee Said committees shall be designated respect- ively : I. Executive Committee. II. Special Trust Committee. III. Mission Board. — 1876, pp. 45 and 70, XXIII. (a) It shall be the duty of the Executive Committee to pre- pare in due form all such matters as the Bishop or any member of the Synod may desire to bring forward, to receive reports of all other committees, and to submit such reports to the Synod ; to print the reports of the Standing Committees laid before them, and sucii parts of other reports as they may deem expedient ; to issue a circular under the Bishop's direction stating the time and place of meeting, the business for the ensuing .Synod, the order in which it shall be discussed, and the names of the members of the Synod, which circular shall be forwarded to each clergyman and lay representative, two weeks before the meeting of Synod. Together with such circular shall be sent a cojjy of the Reports of all committees to be submitted to the Synod, or such portion of them as shall have been printed under the direction of the Executive Committee. In order further to prevent the postponement until a late period of the session of important matters affecting the interests of the Diocese, the consideration of the rei)orts of committees, and of all motions, in the judgment of the Executive Committee, specially pertaining to the Diocese, shall take precedence of all other motions. % I ^.J !'*%! 18 '* HANDY HOOh'" Oh TlIK SYNOD. •\ 111 i ill (/> ) ll shall l)c the iluly of the Kxccutivc Committee to provide means for the collection of, and to collect the Gcni'tal Purpose Funi,ri III ' i; it iTrF . f "HANDY HOOK" OF THE SYNOD. lo. Any n)cmber called permitted |uestions of down, unless to order while speaking, :>hall sit CX| •Iain. 1 1 All er shall be decided by the chair. 12. When a proposed amendment is under consideration, a motion to amend the same may be made, but no after amend- ment to such second amendnient sh.iU [)c in order. Vet a sub stitute to the whole matter may be proposed and received, provi- ded it deals with the subject in hand. i,^. Kach amendment to any (juesiion or amendment shall be decided on before the question or amendment on which they arise are proposed for decision. 14 Whilst any (juestion is being put from the chair the mem- bers shall continue in their seats, and shall not hold any jjrivate discourse ; and when a mction is so put, no member shall retire until such motion is disposed of. 15. On a (luestion being put by the chair, it shall be determi- ned by the sound of voices for or against it, or at the recjuest of the Chairman or three members, those who vote in the affirm- ative shall first rise, and then those who vote in the negative — unless a division is required asjjrovided in Rule No. 16. 16. When a division takes place, the otes of the Clergy and Laity shall be taken separately, if required l>) the iiishoj), or four members of each of the respective orders. And the Lay repre- sentatives shall in all such cases vote by parishes, and when 30 voting the majority shall be considered as the vote of the parish. 17. A question being once determined, sliall not again be brought into discussion in the same session, without the special sanction of the Bishop. 18. No protest or dissent shall be entered on the minutes of the proceedings, but when recjuired by any three members, the names of those voting in the affirmative and negative shall be recorded 19. An address from the Bishop shall be in order at any time. 20. When the Synod is about to rise, every member shall keep his seat until the Bishop or other person presiding has left the chair. 21. Every speaker, exce])t in moving and seconding any motion or amendment, shall be limited to ten minutes, and all speakers shall be timed by an assessor or assessors, to be a M I H"'« u< . 2ti ''HANDY BOOK'" OF THE SYNOD. appointed by the Bishop, to aid in the maintenance of order and obedience to the rules of the Synod. 2 2. Petitions, memorials and other papers addressed to the Synod, shall be presented by a member in his place, who shall endorse his name thereon, and be answerable to the Synod that they do not contain improper or impertinent matter. 23. Members of the Synod shall sit uncovered ; the clerical members shall be habited in gowns, and (if graduates), in the hoods of their respective degrees. — 1876, pp. 14 and 40. w m 'HANDY BOOK"' OF THE SYNOD. e^qRORS. V ■ i ■ 1: 1. CANON ON WIDOWS' AND ORPHANS' FUND. See journal 1875, P- 35 ^"^ appendix B.; 1876, p. 69; 1878, p. 35 ; 1879, p. 45 and appendix A.; 1880, p. 57 ; 1882, p. 52 ; 1883, p. 52; 1884, p. 60; 1885, p. 60. I. — All rents, issues and profits of lands and tenements held by the Synod for the relief of the widows and orphans of clergy- men, ai. i all moneys given or granted for the same purpose by individtials, and all collections and assessments made by order of thf. Synod, shall be put to the credit of the Widows' and Orph.'ns' Fund. — 1879, p. 47. II. — In order to entitle the widow and orphans of any clergy- man to the annuity hereinafter provided, he must from his ordination in, or entrance into the Diocese, have become and continue to be an annual contributor of five dollars a year to the capital of the Widows' and Orphans' Fund of the Diocese ; or shall have (before the first day of July next) paid at that rate, for every year since his ordination in, or entrance into the Diocese. The sums required to be pnid by a clergyman under this Canon shall be paid on or before the 31st day of March in each year, to the Secretary-Treasurer of the Synod, to be entered in a book to be kept by him for the purpose ; and it shall be the duty of the Secretary-Treasurer to lay before the lission Board at its meeting in April, a list of those clergyme' vho have complied with the requirements of this Section. — 1879, p. 47. III. — From henceforth, every clergyman entermg the Diocese and receiving written license, and every person ordained in the Diocese under thirty years of age, shall receive all the benefits of the Widows' and Orphans' Fund, on complying with the con- ditions of this Canon. But all others shall pay in addition to the requirements of section II of this Canon, an entrance fee according to the following scale : when over 30 years of age and under 35 years, a fee of $30 ; when over 35 years and under 40, a fee of $40 ; when over 40 years and under 45, a fee of $50 ; when over 45 years, a fee of $60 ; to be paid within 6 months of his ordination or entrance into the Diocese, in one payment or ■m (I. 38 ''HANDY BOOK'' OF THE SYNOD. lii by annual instalments of $5 ; and in case such clergyman shall decease before such instalments be paid, that then such instal- ments, as they become due, shall be deducted from the annuity payable to his widow and orphans. The same scale of payments according to the ages specified, to apply to every clergyman who remarries and is desirous of availing himself of the provisions of this Canon, said payment to be paid within six months after re-marriage. — 1879, p. 48. IV. — In case of a clergyman removing from this Diocese, and taking permanent duty in another Diocese, unless absent on leave, he shall forfeit for his widow and orphans all claims on this fund ; provided always, that if he should again be licensed in this Diocese, or being absent on leave, shall pay his annual subscription of five dollars a year for every year he was absent from the Diocese, the claims of his widow and orphans on this fund shall be restored to their original position. — 1879, p. 48. V. — From and after the passing of this Canon, the Synod shall pay to the widow of every deceased clergyman entitled to relief from this fund an annuity of $200/^;- annum in quarterly pay- ments, on the last days of June, September, December and March in each year ; the first of such payments to be made on the first quarter day following the date of her late husband's decease, and to be calculated pre rata from the said date, and such payments shall be made to her during her natural life, or so long as she remains a widow. If the widow shall be left with more than two children, a further annuity of $30 a year shall be paid for each such child under 18 years of age ; provided that not more than $100 a year be paid for children in one family. Where an orphan or orphans are left, then a pension for $60 for each, shall be paid up to $200 for one family. In the case of the re-marriage or death of any widow, the annuity for each child under 18 years of age, of $60 for each up to $200 a year, shall be paid to the guardians of such children. AH the annuities from this fund to the children of clergymen shall cease upon their attaining the age of 18 years or upon their marriage. — 1879, p. 48. VI. — Every Widow of a clergyman, or the guardians of the orphans of a clergyman, entitled to receive aid from this fund, shall apply therefor in writing to the Mission Board, setting forth the date of the decease of such clergyman, the name of his widow and the names and ages of his children under 18 years of age, which application shall be taken into consideration by the said Board at its first meeting after the receipt of same. — 1879, p. 48. VII. — If any clergyman whilst on the superannuated list of w ''HANDY BOOK'' OF THE SYNOD 29 the Diocese, marries, his widow shall have no claim upon the Widows' and Orphans' Fund. — 1879, p. 48. VIII. — Every widow of a clergyman, and guardian of an orphan or orphans, before receiving any assistance from this fund and thenceforth on the last days of June, September, December and March in each and every year, shall respectively make the following declaration in writing : Declaration to be made nv a Widow. " I, (A. K.) do hereby declare that I am the widow of the late Rev. C. D.; that I am entitled to an annuity from the Widows' and Orphans' Fund of the Diocese of Niagara, and further tliat my unmarried children, as named below, are aged respectively as follows:" |i names qv children. AGES, POS'l OFKICK. Declaration to he made in a Similar Way hv the Guardian of Children. "I, (A. B.), do solemnly declare that I am the duly appointed guardian of the children of the late Reverend C. I)., the names and ages of the unmarried children being respectively as follows : names of children. A(JES. ■" I'j m and that they are entitled to an annuity from the Widows' and Orphans' Fund of the Diocese of Niagara. . .GUARDIAN, lOST OFFICE. - ■1879, p. 49. IX. — All moneys to the credit of this fund on the 31st day of March in each year, that may not be required to meet the annui- ties payable to the widows and orphans of the Clergy in full, shall from time to time be invested by the Mission Board. — '879, p. 49. X. — Should any doubt arise at any time as to the interpretation of this Canon, the same shall be referred to the Chancellor of the Diocese, whose decision thereon in writing shall be final. — 1879, p. 49. \\ s 80 ''HANDY BOOK" OF THE SYNOD. XI. — T\\Q Secretary-Treasurer shall lay before the Synod, at its annual meeting, a detailed statement of all lands belonging to this fund, and of all moneys belonging thereto invested or in hand on the 31st day of March previous ; of the receipts and expenditure during the preceding year ; of all donations and legacies to this fund ; of the widows and orphans on the fund, and of the moneys jjaid to them severally. — 1879, p. 49. XII. — This Canon shall go into effect on the day that this Session of Synod closes. — 1879, p. 49. II.--A CANON FOR THE DISCIPLINE OF THE CLERGY. See Journal 1878, p. 38, 1879, pp. 49 and 54, and appendix B. I. — Every Deacon and Priest holding any charge under the jurisdiction of the Bishop of the Diocese, or deriving any income from the funds of the Diocese or who has held u license in the Diocese, and has not left the Diocese, shall be amenable to the Bishop for any offences committed by him, in the manner and according to the ])rovisions set forth in this Canon of Discipline. 1879, p, 50. II. — There shall be a Standing Committee of Discipline ap- pointed at this Session of Synod, at which this Canon shall be adopted, and every third year thereafter, at the annual meeting of Synod, consisting of the Chancellor and Registrar of the Diocese, and fourteen presbyters in full standing, seven of whom shall be appointed by the Bishoj), and seven be elected by ballot, by the Clergy of the Diocese. In addition to these last seven there shall be also two substitutes elected in like manner, by the clergy of the Diocese, and from this committee the Board of Triers, as herein- after provided, shall be taken. Such election shall take place -in every third year, immediately after the election of delegates to the Provincial Synod ; and in the year of the adoption of this Canon, it may take place at any time during the Session, on the require- ment of the Bishop or any three members of the Synod ; provided always, that when any vacancy occurs in this committee it shall be filled up by the Bishop from the list of substitutes elected by the clergy. The clergymen appointed to the Board of Triers, shall have been at least ten years in Holy orders. — 1879, PP- 55 and 57. III.— Every clergyman shall be liable to trial : I. — For Crime or Immorality. 2. — For holding and teaching, publicly or privately and advised- ly, any doctrine contrary to the teaching of Holy Scripture, as set if I iJI f/T"^ t 1 ff.4NPy fiOOA'" OF THE SYNOD. 81 forth in the Articles and Kormularies contained in the Book of Common Prayer of the Church of Kngland. 3. — For violation of the Constitution or ('anons of the Provin- cial Synod. 4. —For violation of the Constitution or Canons of the Synod of this Diocese. 5. — For any act which involves a breach of his ordination vows.— 1879, p. 55. IV. — When information in writing is laid before the Hishop by two presbyters of the Diocese, or by three lay communicants of tlie parish of different families, that a clergyman of the Diocese is liable to be tried under section III. of this Canon, it shall be the duty of the Bishop to require of the accusers the charges in writing and the evidence in support of these charges, under the hand of the witnesses, and after furnishing a copy of the charges to the accused, and receiving his replication to the same, the Bishop shall decide whether there be prima facie grounds for further proceedings ; and should there not be, in his opinion, such grounds, the charge shall be dismissed. — 1879, p. 56. V. — When it is considered necessary that atrial shall take i)lace, the presentment shall be prepared by the Church Advocate (to be appointed for that purpose by the Bishop, who may be either a clergyman in priest's orders, or a lay communicant of the church) addressed to the Bishop, based upon the charges made to the Bishop, with reasonable certainty as to time, place and circum- stances. But no proceedings shall be instituted or comjjlaint entertained under this Canon after two years from the time of the alleged commission of the offence. Nevertheless, when proceed- ings are taken under this Canon, in res|)ect of any matter, which has been the subject of enquiry and adjudication in a court of justice, the proceedings under this Canon must be commenced against a clergyman, in respect of the same matter, or of any matter arising out of it, or connected therewith, within three months of the period, when the knowledge thereof shall have reached the Bishop, or the person or persons complaining to him. 1879, p. 56. VI. — The Bishop shall cause a copy of the charges to be served on the accused, and five members of the Committee of Discipline shall be selected by lot, said selection to be made by the liishop in presence of any two members of the Committee. The said five clergymen so selected shall form a Board for the trial of the ac- cused, and shall meet at such time and place, within the Diocese, as the Bishop shall direct, and shall have power to adjourn from !■■ I iM IS ' • f. 1 A3 ''II ANDY HOOK" OF THE SYNOD. time to time (not exceeding three months in all) or from place to place (but always within the Diocese) as they shall deem necessary, •879, P 57- VII. — A written notice of the time and place of the meeting of the lioard shall he served by the Church advocate, under the direction of the Hishop, at least fourteen days before such meet- ing, on the accused, on one of the prosecutors, and on each member of the Hoard of Triers. All notices and papers contem- plated under this Canon may be served by a summoner. or summoners, to be appointed for that purpose by the liishoj), whose certificate of such service shall be evidence thereof. In case of service by another person, the fact shall be proved by such person. A written notice or paper delivered to a party, or delivered at his last place of abode, shall be deemed a sufficient service of such notice or paper. — 1879, p. 56. VIII. — If, before the appointment of a Board of Triers, the clergyman accused shall confess the truth of the charges contained in the presentment, the Bishop shall proceed to pass such sentence on him as he considers proper ; but, if he does not confess them in writing he shall be considered as denying them. — 1879, p. 56. IX. — If a clergyman prosecuted does not appear before the Board of Triers, after having received due notice to do so, the Board may proceed as if he were present, unless for good reasons they shall see well to adjourn to another day. — 1879, P- 5^- X. — If the whole Board do not appear at the time appointed for their assembling, then those who do attend (not being less in number than three) shall proceed to the trial ; a majority of those present shall be necessary to decide all questions, and where there are only three present their judgment must be unanimous. They shall choose their own chairman and secretary from their own number, and it shall be the duty of the, latter to keep a full and correct minute of all the proceedings had oefore the Board, and report the same, within one week, to the b-shop, certified as correct by the chairman himself. — 1879, p. 56. XI. — When the Board proceeds to the trial, they shall hea- such evidence as may be produced, which evidence shall b reduced to writing and signed by the witnesses respectively. L on or during the trial the accused shall confess the truth of the charges contained in the presentment, the Board may dispense with having further evidence, and may proceed at once to state their opinions to the Bishop as to the sentence that ought to be pronounced. — 1879, p. 56. XII. — Upon the application of either party to the Board of ;i I 1 f I. '. 1 i 1 '' HANDY BOOK'' OF THE SYNOD. 85 Triers for that purpose, and on its being made to appear to them that the attrndance of any material witness cannot be j^rocured, they may ai)point a commissioner (being a clergyman or regular communicant of ten years' standing in the church) to take the testimony of any such witness ; and both parties may attend and examine such witness or witnesses, the examination being reduced to writing, as nearly as possible, in the very words of the witness, and signed by such witness. Such testimony thus taken shall be transmitted to the Board of Triers, certified by the commissioner, under hi? hand and seal, and shall be received as evidence at the trial. — 1S79, p. 56. XIII. — The accused may either appear in person, or by a clergyman of this Diocese chosen by him, or accompanied by said clergyman. — -1879, P- 5^ XIV. — In every case in which, from the nature of the offence, it shall apoear to the Bishop, after due inquiry, that great scandal is likely to irisefrom the clergyman accused continuing to perform the services of the Church while such charge is under investiga- tion, the Bishop shall cause a notice to be served on the accused at the same time with the service of the copy of chcrge, or at any time pending the proceedings, inhibiting the accused from per- forming any service in the Church until the matter shall have been finally decided ; and the Bishop may make provision for the service of the Church during the period of suspension, which suspension shall not exceed three months. — 1879, ]). 56. XV. — The Board of Triers shall decide all questions of order. —1879, p. 56. XVI. — The proceedings of the Board shall be oi)en to the members of the Church, unless, in the opinion of the majority ot the Board, the circumstances of the case require that the trial shall be private. — 1879, p. 56. XVII. — Every witness before examination shall be required to make a declaration in the following words : — I, (A. B,,) a witness in che case of (C. D.,) do most solemnly declare that the evidence I am about to give shall be the truth, the whole truth, and nothing but the truth. — 187^, p. 56. XVIII. — The Board having deliberately considered the evidence produced before them, whether verbal or written, shall declare in writing, by a majority of them ; or in the case, if there be only three triers, by an unanimous vote, their decision on the charges contained in the presentment, rendering their verdict of guilty, not guilty, or not proven, on the several counts presented to them ; also stating, if guilty, the sentence which, in tiieir opinion, should be pronounced, and their decision, together with the evidence thus rendered, shall be delivered to the Bishoj), and shall be signed by the Chairman and Secretary of the Board. :• •tl 84 "hANDY BOOK'' OF THE SYNOD. The Bishop having duly considered said verdict, and having approved of the same, shall pronounce such canonical sentence as shall appear to him to be proper, provided the same shall not exceed in severity the sentence recommended by the Board. — 1879, p. 56. XIX. — The Triers, to whom the examination or trial of any accused clergyman shall be committed, shall be bound not to divulge the sentence recommended by them until it shall have been examined and approved of by the Bishop ; nor shall they at any time whatsoever disclose the vote of any particular member of the Board — 1879, p. 56. XX. — Every clergyman whose case may have been disposed of and decided adversely to him, and who shall think himself aggrieved by such decision, or who shall make it appear that new evidence, having an important bearing on the case, has been discovered since the trial, of the existence of which he was not aware at the time of the trial, may, within three months, petition the Bishop for a new trial, or re-hearing of the case, either upon objections to be taken to the decision upon the facts, or because the judgment is not sustained by the laws and canons of the Diocese or of the ecclesiastical Province, or for other cause or causes ; or he may apply by petition to the Bishop for arrest of sentence of judgment, upon causes to be shown, and in either case the Bishop shall, upon receiving such petition, refer the same and the whole subject, together with the evidence and the report made by the Board of Triers, to the Committee on Discip- line of the Diocese, and their decision on the question being approved by the Bishop, shall be final in so far as this Diocese is concerned. In the event of a re-heanng, or a new trial being granted, the case shall be transn itted to a Board of Triers, appointed and provided for in section VI., who shall proceed to hold a new trial, according to the rules hereinbefore set forth, within one month of the notice of such new trial being given to them by the Bishop, unless some reasonable cause can be given for an extension of the time. — 1879, p. 56. XXI. — Before pronouncing sentence, the Bishop shall summon the accused and any three or more of the clergy of the Diocese to meet him at such time and place as to him may seem most convenient, and the sentence shall then be pronounced by the Bishop, or by some other person commissioned by him for that purpose. — 1879, p. 56. XXII. — The following sentences may be pronounced and punishments imposed upon offending clergymen, viz. : admonition, removal from parish or mission, withdrawal of license, suspension from the exercise of the functions of his office or deprivation of his sacred office. All / Ir- i « fTF lUi iili: ''I/ANDY BOOK" OF THE SYNOD 36 XXIII. — For the offences set forth in the first column herein- after written, the sentences set forth opposite to the same, in the second cohnnn, and none other, shall be passed by the Bishop, or the person commissioned by him, upon any clergyman found guilty thereof: I. For crime or immorality. 2. Scandalous or disorderly conduct. Irregularities in the performance of Divine service, omissions or alterations in the use of the Liturgy not author- ized by the Provincial Synod ; holding or assisting at any public religious services in any other clergyman's parish, with- out his consent, or permitting unauthorized persons to offici- ate in his church or parish, 3. For schism or separating himself from the communion of the church. 4. For discontinuing the ex- ercise of his ministry without sufficient cause or leave of the Bishop. For exercising any lay calling or profession incon- sistent with the duties of his sacred calling. 5. For contumacy ; or can- onical disobedience to the Bishop. 6. For living in the habitual disuse of public worship in the church or of the Holy Com- munion, unless for reasonable cause shown ; or for the viola- tion of the constitution or canons of this diocese, or of the ecclesiastical province of Canada. 1. Removal from parish or mission ; withdrawal of license ; suspension ; deposition. 2. Admonition ; removal from parish or mission ; with- drawal of license ; suspension for not more than one year and not less than three months. 3. Removal from his parish or mission ; withdrawal of license ; suspension for one year ; de- position. 4. Admonition ; removal from parish or mission ; with- drawal of license ; suspension for one year. 5. Admonition ; suspension for not more than one year. 6. Admonition ; removal from his parish or mission ; withdrawal of his license for a limited time ; inhibition from the performance of his clerical functions ; deprivation of his income from any church funds, within the control of the Synod. 11 ilHi > 86 ''HANDY BOOK'''' OF THE SYNOD, 7. Habitually and advisedly maintaining or affirming doc- trine contrary or repugnant to the word of God as set forth in the Liturgy and articles of religion contained in the Book of Common Prayer. 7. Admonition ; removal from parish or mission ; with- drawal of license ; inhibition from the performance of cleri- cal functions; deposition. — 1879, p. 56. XXIV. — When sentence is pronounced in accordance with the above schedule, it shall also be specified upon what terms, if any, the disability shall cease. When the penalty of suspension is inflicted, the clergyman thus suspended, shall not exercise the functions of his ministry in his own congregation or elsewhere, on pain of deposition ; and during such suspension the Bishop may appoint another clergyman to discharge his duties, and may use as much of the stipend of the suspended minister to pay for such service as to him may seem proper. — 1879, p. 56. XXV. — When a verdict of " not proven " shall be rendered, it shall be in the power of the Board of Triers to say whether in their judgment the interests of the church require that the accused shall be removed to some other charge or not ; and it shall be in the discretion of the Bishop to carry out this recom- mendation. — 1879, p. 56. XXVI. — When a sentence of deposition is pronounced, the connection between the minister deposed and his parish or con- gregation shall be ipso facto severed, and all rents, stipends, profits and emoluments within the control of the Synod, which he may have been entitled to by virtue of such ministry, from which he has been removed, shall wholly cease and determine. — 1879, P- 56. XXVII. — Whenever a clergyman is deposed from the sacred ministry, the Bishop who pronounced the sentence shall, without delay, give notice of such sentence to the ministers and church- wardens of the several congregations of the Diocese, to His Grace the Archbishop of Canterbury, and to the several Bishops of the Church on this Continent. — 1879, P- S^- XXVIII. — ^It shall be the duty of the chairman of the Board of Triers to see that the proceedings of the Board, as well as the sentence in each case, and the Bishop's action thereon, be duly recorded by the secretary of the Board in a book to be provided by the Diocese, which book shall have a lock and key, the key of which shall be in the custody of the Bishop, but the book itself shall be in the custody of the registrar of the Diocese. — 1879, p. 56. :m '' flANDV noOA"' OF THE SYNOD. 37 XXIX. — All the expenses necessarily incurred by the Board of Triers in any investigation or trial under this Canon, shall be paid l)y the accused, if convicted ; and in case the expenses cannot be recovered from him, by the Synod of the Diocese; but if he is acquitted, or the verdict of 'not proven' be rendered, the expenses shall be paid by the accusers ; and the accusers shall sign an agreement binding themselves to pay such expenses, if the accus- ed be ac(|uitted, or the verdict of 'not proven' be rendered, and no i)roceedings shall be taken till such agreement is filed with the Bishop. — 1879, p. 56. XXX. — The accused, if convicted, shall have the right of appeal to the House of Bishops of the Province of Canada. — 1879 p. 57. III.— CANON ON SELLING OR MORTGAGING CHURCH PROPERTY.— (See Journal, 1886, p 69.) It shall be the duty of the Executive Committee of the Synod, when acting under any of the Acts or Amendments thereto respecting the property of religious institutions in Ontario, to require as conditions, without which their consent or assent to sell, mortgage, lease or otherwise incumber any church property may be withheld. I St. — That a duly certified copy of the Resolution of the Vestry or congregation desiring the Incumbent and Wardens to take steps to sell the property or borrow money thereon, be sent to the Executive Committee accompanied by, 2nd. — A statement of the number of families as well as pew and seat holders belonging to the congregation. 3rd. — A statement of the number of persons present and voting when the resolution was passed. 4th. — A statement of the objects for which a sale is intended, or, in the event of a loan, how the same is to be expended, distinguishing those of a permanent character, such as additions or enlargements to the church or other buildings with the esti- mated cost thereof, and those of a less permanent nature, such as re lairs or improvements, with the estimated cost thereof. 5th — A statement of the way in which it is proposed that the interest on any proposed loan shall be met, and the principal sum gradually ])aid off. In any case where the above conditions are not complied with or are considered unsatisfactory by the Committee, it shall be w ' i ■ I! li. ' 88 ''HANDY BOOK"" OF THE SYNOD. their duty to record the reasons of their refusal to authorize such loan, and to inform the Incumbent and Church Wardens of the congregation of the fact. In no case sliall the Parsonage be mortgaged save for repairs and improvements, and no such Parsonage ()roperty shall be en- cumbered to a greater amount tiian one -fifth of the value of the property, to be ascertained by competent valuation. \w liil; HANDY JiOUh" OJ' THE SYNOD. W By-Laws. I.— COMMUTATION TRUS'I' FUND UV LAW. (Sec Journal, 1876, p. 70; 1877, pages 31, 38 and 41, .iiid Appendix A, and 1879, j). 57.) 1. The Commutation Fund shall be managed and administered by the Special Trust Committee. — 1877, p. 38. 2. The charges on this fund shall be : (ist.) The payment to all the present participants of their stipulated annuities. (2nd) The expenses of management of said fund. (3rd.) The payment of such other aniuiitants as may from time to time be added to the list, of the amounts to which under this By-law they may become entitled. No new annuitant, except one claiming a superannuation allowance admitted by the Bishop, shall be placed on the fund until the permanent income, after paying all existing claims, all expenses chargeable on this fund, and providing the sum of $400 to meet any unforeseen contingency, shall leave a surplus for distribution. — 1877, p. 38 and 42. 3. Said surplus shall be appropriated to the maintenance of clergy of the Diocese being in priests' orders, not being already on the Commutation Fund, not holding an endowed living yield- ing over $400 per annum ; or while holding the incumbency of a church or parish yielding an income from endowment, pew rents, or salary of no*: over $1200 per annum, according to length (jf service in the Diocese, or as respects clergymen who were in the Diocese at the time of its erection, according to the length of such service in this Diocese, and previously in the Diocese of Toronto That the term income shall not be held to include house rent or annual value of parsonage. — 1877, p. 39. 4. Such service shall consist of the time during which the clergyman has been exclusively employed in Iwfia fids parochial or missionary duty, whether in deacon's or priest's orders, in this Diocese, or, as aforesaid, in the Diocese of Toronto ; and aiii; i :i ! 11 ! k: f. •10 'HANDY BOOK"' OF THE SYNOD. that in case there i^e any intermission in the time of such services, ( 'nless (jccasioned by ill health), the length of such irtermission anall be deducted from the term of services for which the clergy- man claims. — 1877, p. 39. 5. — When two or more persons are ordained in the Diocese, and their services commence at the same time, he shall be considered senior who is first upon the Bishop's ordination list. But when they have been ordained out of the Diocese, their seniority shall be determined by the date of their licenses, or written appointuieut from the Bishop of this Diocese. Provided, that in the case of clergymen who were in the Diocese at the time of its erection, th iir seniority shall be determined by the date of their licenses, or written appointment from the Bishop of Toronto ; and if there shall be any question of seniority not provided for in this By-law, it shall be decided by the Bishop of this Diocese. — 1877, ]). 39. 6. As soon as the Trust Committee shall report a surplus, as above j^rovided, it shall be paid to the senior eligible clergymen of the Diocese, as above douned,. in order as follows : Clergymen who have ?^erved 15 years or more from the date of iheir licenses aforesaid, shall receive an annuity of $400 ; those who have servea less than 15 years, and more than 10 years, shall receive an annuity of $;,oo, and those who have served less than to years, shall receive $r:oo, or so much less in each case as may be required to raise the incomes of the respective clergymen to $1 200. Provided always, that when any surplus is to be divided, the claims of senior clergy already receiv ng $300 to be advanced to $400, and of those receiving $200 to be advanced to $300, shall always have precedence of tho.<-e of juniors ; and pro"ided also, that should any defi';iency occu" so that all the cle^./y on the list cannot be paid, the commuting clergymen be paid first, then the next senior, so that if any clergyman is to be unpaid, it shall be the junior on the list. That in the case of any clergyman receiving nothmg, or less than $400 per aanum from the surplus of the Clergy Trust Fund, the churchwardens of the parish in which he ministers, shall within ten ciays after being desired in writing by the said clergy- man or by the Bishop to do so, forward to the Secretarj -Treasurer of the Synod for the information of the Bishop and the Special Trust Committee, a statement under their hands and seals of the annual ofhcial clerical income of the clergyman or clergymen of the parish for the past fwe years. The average yearly incon-e of these five years shall be the basis of the appropriation to the said clergyman. This statement and the arrangement based thereon iuiii ''HANDY noOA"' OF THE SYNOP. 41 shall remain in force so long as the clergyman nfferted by it shall continue ministering in the said parish. — 1877, ]>. 39. 7, — Any clergyman once placed on the list, shall rL-niain thereon so long as he remains eligible in accoi dance with this C'anon, continues to do duty in this Diocese, or is on the superannuated list thereof ; hut on his removing from the Diocese, not being superannuated, or coming under ecclesiastical censure, his claim shall meanwhile be suspended. Provided, however, that in sjiecial cases a discretionary power with respect to the enforcement of this rule shall be accorded to the Bishuj) wiUi the concurrence of the Trust Committee. And it shall be lawful for any clergyman who may be eligible by seniority, but may have been hitherto excluded on the score of income, to be placed on the superannuated list tor the sum of $400 when recommended by the Lord Bishop. — 1877, p. 41. 8. Any annuitant accepting a Government Rectory or endowed living, yielding from endowments over $400 per .annum, shall resign his income from the Commutation Fund, and by such acce|)lance sliall be regarded as having forfeited his present claim upon such fund. Nevertheless, it shall be lawful for him, \\\)on resigning such rectory, to be again placed on the list of annuitants, as soon as a vacancy shall arise ; and nothing in this l!y-law shall be construed so as to prevent an exchange being made between the incumbent of such rectory and an annuitant ot this fund, provided such change has the sanction of the Ph'shop. Provided further, that any cU^rLwman who by reason of ill health shall resign his incumbency, shall be entitled to be placed on the list of annuitants as aforesaid. — 1877, p. 42. 9. As soon as a surplus shall arise in the Commutation Fund beyond what may be required to make up the advance from $300 to $400 to which any annuitant already on the list ma; meanwhile have become entitled, it shall be the duty of the .Special Trust Committee to request the Lord Bishop to furnish the said com- mittee with a list of those clergymen who are entitled to claim under this By-law. — 1877, p. 42. 10. If a clergyman, either one of the original Commutants or one who has been placed on the surjjlus of the Fund, should die while in *„ceipt of an income from this Fund, leaving a widow and unmarried children under eighteen years of aue, or being a widower, should leave children under eighteen years of age; the current quarter's stipend and that for the next ensuing quarter shall be paid to such widow, or in the event of his not leaving a widow, to the legal guardian of such children. — 1S79, p. 58. 1'! I ; 42 'HANDY BOOK'' OF THE SYNOD. II._MISSION FUND BY-LAW. See journal 1876, p 72 ; 1878, pp. 35 and 37 and Appendix A.; and 1880, p. 48. 1. Constitution (jf the Mission l5oard. (See Art. XXII, of the Constitution of the Synod.) "There shall be appointed annually by the Bishop on the morning of tlie second day of the Synod, three standing committees, each consisting of six clerical ind six lay members of the Synod, of whom five shall form a quorum, and who shall be called together by the Secretary-Treasurer at such stated times as may be appointed for these meetings, or upon the requisition of the Bishop, the Chairman or any three members of each committee. Said committees shall be designated respectively. I. Executive Committee, II. Special Trust Committee. III. Mission Board." — 1878, p. 37. 2. Du'ies of the Mission Board. (See Art. XXV. of the Constitution of the Synod.) ^^(a) It shall be the duty of the Mission Board to admmister the Mission Fund of the Diocese, which shall consist of all special collections made from time to time in the Churches and Chape's of the Diocese in aid of the same, and of the interest on the legacies, of all donations and subscriptions, and of all collections for missionary objects to be made annually, as hereinafter provided, in the parishes and missions of the Diocese, and of the interest derived from the invested proceeds of sales of lands given for missionary purposes, in accordance with the Canons and By-Laws to be adopted by this Synod. (b.) The Mission Board shall also be charged with the care of the Widows' and Orphans' Fund of the Diocese, and all claims for pensions to widows and orphans of the clergy of the Diocese shall be referred to the said Mission Board, by whom such claims shall be decided upon and paid on approval of the Bishop according to any By-Law adopted by this Synod. It shall also be the duty of the .said Mission Board to make annually to the Synod a detailed report of the slate of the fund specifying its several securities ; the amount of income which they each and altogether yield ; the number of widows and orphans on the fund ; and the amounts which they severally receive. (c.) The Mission Board, shall also have charge of the Theo- 11 IS ly li ■H ''HANDY nOOA"' OF THE SYNOD. 48 logical Students' Fund for the same objects and upon the trusts, on which the same are now held, or in accordance with any By-Law of the Synod which may hereafter be lawfully adopted, and shall report annually to the Synod the condition of said fund and the mode in which it is administered. (d.) The Mission Board shall also adopt measures for the creation and administration of a fund for the support of disabled clergymen, and report annually to the Synod on this subject. — 1878, p. 37. 3. Principles and objects of the Mission work. In order to carry out more effectually the Mission work of the Diocese, it is desirable that the following principles and objects should, as far as possible, be kept in view : — (ist.) To apply the Mission Fund so as to elicit the greatest amount of local effort, and to render each Mission, as soon as practicable, self-supporting. (2nd.) To grant to each Mission just so much aid as it requires ; taking up each case on its own merits. — 1878, p. 37. But it shall be lawful for the Bishop to appoint a travelling Missionary to such place or places where, from the poverty of the people or other sufficient reasons, guarantees for any specified sum cannot be obtained, the Mission Board paying the whole of his stipend for such time as the Bishop and Mission Board may deem necessary, — 1880, p. 48. (3rd.) To raise the present scale of the remuneration of our missionaries. (4th.) To render the payment of the missionaries' stipends as certain and regular as possible, without wholly destroying the wholesome stimulus implied in the voluntary system. (5th.) To make it the duty and interest of the missionary to urge the claims of the Mission Fund upon his people, while at the same time relieving him of the invidious task of p'eading before them for his own remuneration. (6th.) To make provision, when the interests of the church re- quire it, for the removal of any missionary. — 1878, p. 37. 4. Ruridecanal Committees on Missions. To carry out the aforesaid objects, there shall be appointed annually, by the Bishop, during the session of the Synud, for each Rural-deanery of the Diocese, two clergymen and two laymen, being communicants and living in the Rural-deanery for which i 44 ''HANDY BOO A"' OF THE SYNOD, they shall be appointed, who with the Archdeacon and the Rural Dean shall constitute a Committee on Missions for that Rural- deanery; and a quorum of the said committee shall consist of the Archdeacon or Rural Dean and any two other members. — 1878, P- 37- 5. Ruridecanal Committee to visit Missions. Before a grant be made by the Mission Board in aid of any Mission, it shall be the duty of the said committee, on being re- quested to do so by the Archdeacon or Rural Dean, instructed by the Bishop, to visit the said Mission and C(jnfer with the several congregations thereof fcrthe purpose of ascertaining their resources and arranging with them as to the amount which each may be fairly expected to raise towards the sti[)end of their missionary ; and the said committee shall report to the Bishop, within one week of their visit, the result of their enquiries, the arrangements they have made with th^ several congregations, and the action they recommend. — 1878, p. 37, 6. Ruridecanal Report and action of the Bishop. The above report, with such remarks thereon as the Bishop may deem fit, shall be laid before the Mission Board at its next ensuing meeting, when the Board shall decide as to the amount, if any, of the grant to be made towards the support of a missionary in said Mission. And such grant shall date from the time of the agreement hereinafter provided for, to be made with the several congregations of the Mission ; or in case of the appointment of a new missionary from the time of the appoint- ment of the said missionary. Should the Board decide that the amount offered by the several congregations of the Mission be insufficient, the report shall be referred back to the Ruridecanal (Committee, with the reasons for such reference, who shall thereupon confer again with the congregations in question. — 1878, p. 37. 7. When agreement may be entered into. Whenever the Mission Board and the several congregations of any Mission have agreed as to the amounts they shall severally contribute towards the stipend of their missionary, (which stipend shall never be Itmier than, for a clergyman in Priest's orders, $800 per annum, and for a cU'rgyman in Deacon's orders, $600 per annum, unless in cases where the Bishop of the Diocese and three-fourths of the members of the Mission Board present at any meeting of the Board agree to accept a smaller sum in lieu thereof), it shall be the duty of the Secretary-Treasurer of the tw i " HANDY BOOR"' OF THE SYNOD If) Synod to enter into a written agreement in duplicate, with two or more members of such Mission, approved by the Mission Hoard, according to the accompanying form — 187S, p. 37. Between the IJoard of Missions of the Synod of the Diocese of Niagara, and two or more members of the Congregation of the Mission of WITNESSETH, that the undersigned members of said Congregation do hereby undertake and agree, on belialf of said ('ongregation, to liave the annual sum of dollars, lawful money of Canada, or whatever proportion of the same may then be due, collected and paid on the first day of the ensuing ijuarter, and thereafter (piarterly on the first days of January, A])ril, July and October in each year, to the vSecretary- ■^I'reasurer of the Synod of said Diocese, so long as the ministra- tions hereafter agreed upon to be afforded to said congregation shall be continued. The Services referred to in the above paragraph shall be and in consideration of the regular and ])unctual payment of the above-mentioned sum, the lioard of Missions aforesaid hereby undertakes to maintain 'uch ministrations of the Church, in the place and at the time lu^ntioned above, so long as the said sum shall be paid. The present agreement is for the term of three years, counting from the Dated at the day of in the year of our Lord one thousand eight hundred and seventy Signed and Seai.k[) in thi-a Presence of V k. 8. Stipends to be paid quarterly. These agreements having been thus entered into, it shall he die duty of the Secretary-'I'reasurer of the Synod to pay ([uartcrly on the first days of January, Ajjril, July and October, out (jf the (General Mission Funds of the Diocese, whatever jjroportion of the stipend of the missionary, who shall have been appointed by the Bishop to the said Mission, shall have become due. — - 1878, p. 37. ml- m'' IMAGE EVALUATION TEST TARGET (MT-3) 4 /. {/ <: . *iip Cp- :/ /A, • • 1.0 •rilM -• IIIIIM ■ m 'r m IIIIIM 2.2 20 I.I 1.8 1.25 1.4 1.6 y] 6^^ A o el .^> ^m o^k c^l '-^ (p m A / eW .> ^^ ^ / op. Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 -^^ iV q" \\ ■-i^ *•> '#>^C'''^ % ^^" Ci^ ? ^° 7a ^ ^ *> k 46 ''HANDY BOOK"' OF THE SYNOD. n ■ ■ 'l\\f. 9. Engagements to extend over three years. Every engagement between the Board of Missions and the congregations of any mission shall be binding upon both parties for three years, unless otherwise agreed upon ; but it is expressly understood that every such engagement shall be liable to revocation or modification at the end of each three years ; or on a change in the missionary in charge; or whenever two thirds of the Board present at any meeting of the same see sufficient reason to alter their estimate of the pecuniary ability of the mission, notice of such proposed modification or revocation having been given at one meeting of the Hoard, and discussed and disposed of at the next. — 1878, p. 37. ID. Notice in case of failure to remit. Whenever any congregation shall fail to remit the amount agreed to be paid to the Mission Board by said congregation, or any part of the said amount, then six weeks after the same shall have become due (the amount still remaining unpaid) it shall be the duty of the Secretary-Treasurer of the Synod to report the said failure to the Bishop, who shall thereupon instruct him to transmit to the missionary, and also to the churchwardens of the congregation in arrear, copies of the following notice : To THE CnURCriVARDENS AND MEMBERS OF THE CONGRE- GATION OF I have been directed by the Mission Board to notify you that the contribution due from you on the day of ult. to the Mission Board of the Diocese being still (in part or in whole as the case may be) unpaid, the services of your missionary will, after Sunday next (or from this day) be suspended by order of the Bishop, in accordance with a standing rule of the Synod to that effect, until the payment as agreed upon is duly made. This may seem a severe measure, but the Board of Missions have been unable to devise any other just and practicable Canon which might bring home to all parties the gravity of the occasion, and the imperative necessity f f prompt and decisive action. I am, Gentlemen, Your obedient Servant, Sec'y-Treas. This notice shall be read to the congregation in arrears on the I '!M f .fel ^ "-. t • ' * ', " • 1 « 1 \ I . 1 is ■> ■ 1 < ■ - ■ » ■ . *■*,'. t f , * • . ' ' « . 1 i . ■ 1 ,r-!| . . i-J » '* : . ' • r ' » ■•- » _ . . 1 . ■• •'i* .,--■■ , '\' uu : , .;, \^% ., h i ,' 1 *i , • ' . ■ '• i»c M •■•. », H^ ! 1 i :i >*•'■ k ) .11' •r-i ■••; »,i, " HANDY BOOK" OF THE SYNOD. V two Sundays on which service is held next after the receipt thereof. On causing any congregation to be thus notified, the Bishop shall also instruct the Committee on Missions for the Rural Deanery to ascertain, as soon as practicable, tlie cause of such failure. It shall be the duty of the missionary in charge of the default- ing congregation, and of the churchwardens thereof, to ai)pear before the said committee, on being notified by the chairman (f the time and place of their meeting, which place shall be within ihe mission to whicli the congregation belongs. — 1878, p. 37. 11. Committee to examine and report. A full written report of all the evidence taken by the conunitteo with their opinion on the merits of the case, shall be forwarded to the Bishop within one week after the completion of the iniiuiry by the Archdeacon or Rural Dean presiding, and authenticated by his signature ; and on receiving this report, the Bishop shall forthwith forward it to the Mission Board, with any remarks appended thereto that he may think proper. — 1878, p. 37. 1 2. Remedy in case arrears continued. Should the congregation be reported in fault, and still neglect or refuse to pay up its arrears, the mission of which it forms a part may, with the approval of the Board, be reconstructed, the defaulting congregation being excluded. And on its becoming necessary for the Board to recommed to the Bishop the removal of the missionary in consequence of the non-payment of his stipend by the mission at large, on its being made apparent that such failure is not due to any fault of his own, the Board maj' at its discretion make him an allowance for the expenses of his removal, charging the same to the account of the mission in arrears, and such arrears and charges shall be paid in full before a subsequent grant shall be made to the same mission ; provided, however, that in every such case the Board may aid in sustaining another clergyman to serve the mission, at such time and on such conditions as two-thirds of the Board present at any meeting of th..- same may determine, and the Bishop may sanction. — 1878, p. 37 13. Removal of Missionaries. The power to appoint or remove missionaries being recognized by the Board as resting exclusively with the Bishop of the Diocese, it shall nevertheless be within the province of the Board to represent to the Bishop in any particular case the necessity for the removal of a missionary, upon which he shall take such action as he sees fit. — 1878, p. 37. i/ 1 f}\ %- " 1 i i6 ■HANDY BOOK" OF THE SYNOD. 14. Who shall not serve on committee, and when. No clergyman or layman shall serve on the Ruridecanal Com- n)ittee on Missi(jns when his own mission forms the subject of enciiiiry ; and the missionary in charge of any mission concerning which encjuiry is to be made, shall have the right of objecting to any rneml)er of the committee, on showing cause for so doing to 'he satisfaction of the Bishop, who shall thereupon appoint another in the room of the one objected to, so far as this case is concerned. — 1878, p. 37. Ill— VESTRIES IN FREE CHURCHES. See Journal 1875, p. 34 and Appendix C. ; and Journal 1876, p. 69; In all churches in this Diocese where by reason of the seats being free no vestry can be formed, the male and female mem- bers of the congregation at each said church shall have power and authority to form a vestry, and such vestry shall consist of all members of the congregation within the cure, of twenty-one years of age or upwards, who shall annually sign the Decla- ration set forth in Section II. of the Constitution of this Diocese. And being so formed and constituted, such vestry shall have the same power and authority to do and perform such matters and things as are possessed and done by vestries formed of holders of pews or sittings in other churches. — 1876, p. 70. ,;i: IV.— MISSIONARY MEETINGS AND DIOCESAN COLLECTIONS. See Journal 1875, p. 37 and Appendix A. 3 and Journal 1886, p. 66. 1. It shall be the duty of every Incumbent of a Parish or Mission in this Diocese, to hold annually, in connection with each organized congregation within his Mission or Parish, a mis- sionary meeting, or special missionary service for the purpose of creating and maintaining an interest in the missionary work of the Church, on which occasion a collection shall be made in aid of missionary work beyond the bounds of the Diocese. 2. The times and places of such meetings or services shall be arranged by the Bishop, who sliall also appoint the deputations, which deputation when appointed, shall be required to attend the same, unless excused from such attendance. 'HANDY ROOK ' OF THE SYNOD. JO 3. It shall also be ths duty of each Incumbent, as soon as possible after such meeting or service has been held, to cause a collection to be made from house to house within his Parish or Cure, or to secure from each adult a contribution through enve- lopes towards the amount rccjuired from the congregation under the apportionment scheme of the Diocese. 4. It shall further be his duty to make the foUowinfi collections in each year in all the churches and places where divine service is celebrated within his Parish or Cure, namely ; At Epiphany, for Foreign Missions. On Sunday after Ascension Day, for Algoma and North AVest Missions. On Thanksgiving Day, for Disabled Clergymen. Day of Intercession, 30th November, or one of the ne.xt eight days, any missionary object selected by the Incumbent On such (lay or days as he may consider most advisable, for Dioce.san Missions, the Widows' and Orphans' Fund, and the Divinity Students' Fund. 5. It shall be the duty of the Secretary-Treasurer to send to each Incumbent (if requested by him at least three weeks before the day on which he intends to take up a collection mentioned in this By-law), such a number of envelopes as he may retjuire, with the designation of the particular object or objects ot the said col- lection, the amount of the apportionment of the particular Parish or Mission, and a blank space for the name of the contributor. — 1886, p. 66. ''. ) ' 1 " k :,ziJe, \ 60 'HANDY HOOK" OF THE SYNOD. Resolutiors. I.— FINANCIAL VKAR. 1. That the Financial Year terminate on the 31st Decemher, —1875. P- 34 2. Tliat the Financial Year shall terminate on thr 31st March in each year. — 1877, p. 49. II.— HYMN BOOK. 1. That the question of a Church Hymn Book be deferred until action be taken by the Provincial Synod. - -1875, p. 34. 2. That the matter of a Church Hymn Book be deferred until action has been taken by the Provincial Synod, as the subject is at present under the consideration of a Committee appointed by that body. — 1876, p. 67. 3. That this Synod present a memorial to the Provincial Synod, praying them to ado])t one uniform Hymn Book, for the use of Churches in this Ecclesiastical Province. MEMORIAL. To th< A'ti^/i/ Reverend the Bishops, the Clcri^y and Laity of the. Prot'incial Synod of the Ecclesiastical Province of Canada : The Menidiial of the Synod (if the Diocese of Niagara respectfully sheweth : That in view of the importance of having one uniform Ilynm Hook in use in the churches of this ecclesiastical Province, this Synod desires to urge u]5on the Proviiicial Synod, the taking of such steps as may to them seem most expedient for the accomplishment of this object. — 1877, p 50. III.— OFFERTORY AT EVENING SERVICE. That, as there is no legal provision made for the time and manner of taking up the collection at the afternoon or evening service, the Synod recommends that the collection be taken up after the sermon, the clergyman going to the Chancel and reading one or more of the Offertory sentences, whilst the offerings of the congregation are being made. — 1875, p. 36. IV.— CHRISTMAS OFFERTORY. That the annual Christmas Offertory be handed over, without ■I h . H mi HANPY HOOK" Oh' THE SVXOIK 81 any deduction, to the clergyman of the parish, as a gift to him ; and that the I-ord Bishop he re(iuested to send annually, circu- lars to the Church Wardens of the several |)aii.shes, recommend- ing liberal contributions. — 1875, p. 37 v.— DIVISION OF rORONTO DIOCKSAN FUNDS. 1. That the Lord Hishop be reciuested to comnuinicate with the Lord Hishop and Synod of 'I'oronto, desirin;^ the appoint- ment of ('ommissioners, to act with Commissioners of this Diorese, to determine a joint basis ot division of the funds of the Church, and to c:arry out the same as soon as this Diocese is incorporated ; and that the saicl Joint Commission be instructed to enquire what claims (ifany), the Diocese of Algoma has on the said funds : and the Commissioners on behalf of this Diocese be the Rev. Dr. McMurray and Kdward NLartin, Ks(|. 1875. p. 38. 2. 'I'hat the Report of the Commissioners for the division of the funds between the Dioceses of Toronto and Niagara be re- ceived and adopted, and inasmuch as there are several matters in connection with the division of the funds which the 08i, p. 54. 7. That the Secretary-Treasurer be requested to add the follow- ing particulars to the yearly statements of the P^piscopal Endow- ment Fund which he is now required to present to the Synod, viz : r. Total amount of subscriptions reported before any subscrip- tions were procured by Special Committee appointed in 1879. 2. Estimated value of the old and new subscriptions, whether due or accruing, stating separately the value of the old and new subscriptions — 1881, p. 55. 8. That the General Statement with reference to the Episcopal Endowment Fund, now laid on the table, be printed with the Report of the Special Trust Committee, and that the names of subscribers in arrears on the 31st March, 1883, be then inserted for printing with the Report of the Committee to be presented at the next meeting of the Synod ; and further, that the subscribers be notified of this resolution. — 1882, p. 54 9. That the Special Trust Committee do report to the Synod at the next meeting, on the state of subscriptions past due and yet -in])aid to the Episcopal Endowment Fund, showing what amount may b'* considered good and collectable, and to make a recom- me ^^ respecting the best method of speedily realizing the sar -1883, p. 53. 10. That the Report of the Committee on the F'piscopal En- dowment Fund be adopted — 1884, p. 58. e!«i '' HANDY BOOK" OF THE SYNOD. 56 11. That the Special Committee on the completion of the Endowment Fund be re-appointed, with the addition of the Yen. Archdeacon Dixon, B. A., the Rev. Hartley Carmichacl, M. A., and Mr. Adam Brown. — 1884, p. 59. 12. That the Report of the Committee on the Episcopal En- dowment Fund be adopted. — 1885, p. 54. 13. That the thanks of the Synod are due and arc hereby ten- dered to the Chairman and members of the Episcopal Endow- ment Fund Committee for the very efificient way in which they have discharged their duties, and that they be re-appointed. — 1885, p. 54. 14. That the Special Trust committee report on the state ot subscriptions past due and yet unjiaio to the Episcopal Endow- ment Fund, showing what amount may be considered pood and collectable, and make a recommendation as to the best method of realizing the same, and also to obtain the opinion of the Chan- cellor respecting the validity of the Bonds given for the payment of interest to said Fund. — 1885, p. 61. Note. — For the opinion of the Chancellor, see Journal 1886, ]) 50- VIII.— APPORTIONMENT. I That in view of the importance of the subject and the necess- ity of careful and well considered action, the subject be referred to a committee to report thereon at the next meeting of Synod. That all the Clergy be requested to furnish the committee with all the information necessary to come to a just conclusion, especi- ally as to returns, and that the committee be requested in their Report to furnish a draft of such apportionment.— 1876, p. 65. 2. In 1877 the following report of the committee was adopted, see Journal, 1877, p. 47. rf:port. The committee appointed at the last meeting of this Synod for the purpose of considering the best method of providing for the various funds required for all Diocesan purposes, and to meet the claim of the Diocese of Ali;oma, beg leave to leport . That they have carefully considered this important subject, and the various plans proposed for raising the annual revenue of the Diocese, and after mature deliberation have arrived at the following conclusions : 1. That it is desirable that the several standing committees of the Diocese should be required to prepare annually, two months before the meeting of the Synod, a statement or estimate of the probable needs of the various funds of the ensuing year. 2. That the whole amount thus ascertained shall be apportioned among the Parishes and Missions of the Diocese, taking as a basis for such apportionment : First, the assessed property of those returned upon the ■ » f .K3'S 56 ''HANDY BOOK"' OF THE SYNOD. m^ assessment roll as members of the Church of England ; Second, the statistical report required by the Hishop from each Pirish and Mission ; Third, tiie number of the stated members of the congregation ; and Fourih, any other source of information from which the ability of the several congregations may be ascertainetl. 3. That the clergyman, churchwardens and delegates in each parish or mission, shall be a committee to devise the best means, according to their judgment, for raising their share of the amount recjuired, and that the amounts raised by the stated quarterly collections shall be considered as forming a part of their resources. With regard to any exemption from the apportionment, they recommend that any pari.sh or mission now receiving aid from the Mission Fund, on declaring itself ready to contribute at lea.st ^800.00 towaids the stipend of its incundient, shall not be assessed for two years from the date of its becoming independent, except for Synod expenses. In accordance with the foregoing conclusions and recommendations, the Committee submit the following Apportionment Roll, or scheme of distri- bution, among the several parishes and missions of the Diocese, of the whole required during the current year, and which has been estimated at not less than $8,cxx).oo. In 1878, the following report of the Committee was adopted with this addition. "That so much of the Canon on the assessment of parishes as enjoins the consolidation of the various amounts required for carrying on the work of the church be repealed, and in lieu thereof that the sums needed for each of the various objects sh.iU be in future estimated in detail, and apjiortioned amongst the several parishe.-; ; and that the report so amended be adopted " — See journal 1878, pp. 31 and 33. REPORT. The Apportionment Committee of the Synod of the Diocese of Niagara, beg to report that they have given a careful consideration to the question whetlier it is desirable to make any change in the Apportionment Roll for the ensuing year; but inasmuch as the time which has elapsed since their last rei)orl has been too late to enable them to judge of its successful working, (many of the parochial returns not having yet been received), they would therefore recommend that the same scale of distribution of the amount required for the Diocese, which was adopted for the past year, continue in force for the current year ; excejH in the case of those parishes or missions in which a re- adjustment of boundaries has taken place. The Committee further would recommend that for the future the duty which they have discharged for the last and current year, siiould be remitted to the Executive Committee as properly appertaining to that body. 4, That this Synod desires to express its deep regret at the fact, that 29 out of 49 parishes have failed to inake up the full amount apportioned to them for diocesan purposes for the year ending 31st March, 1881, thereby causing a deficiency of $932, 83 in the apportionment account, and that the Secretary be directed to communicate with the clergymen and church wardens of these parishes, requesting them to remit at once the amount of their deficiency or to assign satisfactory reasons to the Executive r ' ■ © »0 .'/ ,if •\ I I'M. \ r •v; I w ..M tV i.t ll„l,l vtJ^t l.«>-4tl< ■4- T ^ ., i, - .^1. -It -A I ) '(>'■ V . !■-. ' vi ■ H I . in %V- ,ib» , I..'" • % ■Hni. . ; i _. -■> ( of nt ifit«» !0 r^rros -! cn^;: Ihr r^ a::iiv;;j: 4'i' »ej4>..J.5S Ui U'lr ''HANI1Y BOOK" OF THE SYNOl^ hi Committee for failure to do so ; and that the Kxecutive C'ommittce l)e herel)y empowered to send some one to those delin(iuent parishes which are unable to give satisfactory reasons, to endeavor to make up the amount of their apportionment under the direction of their clergymen — 1881, p. 55, 5. That the Secretary-Treasurer be again directed to communi- cate with the clergymen and churchwardens of the ]iarishcs in default, rcHjucsting them to remit the amount of their (ieficiencies with as little delay as possible, or to assign to the Executive Committee iheir reasons for failure to do so ; and that the amounts received be published for the information of the Synod in next year's report. — 1882, p. 54. 6. That each Rural Dean throughout the Diocese should select and invite a deputation of prominent Laymen from the several parislies in his Deanery to meet at some ccmvenient time or times during the year, to discuss with the members of the Deanery the best method to be adopted in the several Parishes within his Deanery for raising the amount apportioned to each Parish ; and that a report of the several meetings be sent to the Executive Committee of the Synod before its final meeting, prior to the next annual meeting of Synod. — 1884, p. 28. 7. That the Executive Committee report a list of Parishes who have not made up their apportionment to the Rural I )can, who, with the Mission Committee, shall meet these l^arishes for the ])urpose of arriving at some definite understanding for the future regarding the Synod apportionment, and report to the Executive Committee. — 1884, p. 29. 8. In 1886 the following resolution was proposed, but an amendment was adopted, referring it to the Executive Committee for consideration. That the Executive Committee be instructed to revise the Synod Ap])ortionment List, taking, as the basis of revision, the incomes of the Clergy derivable from voluntary contributions and Parish endowments, and stating, in the case of two or more congregations united under one pastoral care, the amount which each congregation should contribute towards the apportionment of said Parish or Cure. — 1886, p. 74. IX.— ALGOMA. I. That whereas in the erection of the Diocese of Algonia, the Clergy and Laity of this portion of the then existing Diocese of Toronto united with the rest of the Canadian Church in pledging themselves to a certain annual payment towards the stipend of ' 11 A '■ 1 08 '' HANPY flOOA"' OF TIIF. SYNOD. .is the Bishop of Algoma ; and further, as a |)art of the then Diocese of Toronto may be reasonably expected to contribute towards the support of missions in the Diocese of Algoma ; And whereas the Diocese of Toronto has since the ist of July last, withdrawn three-sevenths of its contributions towards both of these objects ; Be it resolved : That in addition to the collection made under the existing By-law at annual missionary meetings and services for "mission work beyond the bounds of the Diocese," a col- lection shall be made for the same object in all Churches of the Diocese on Good Friday in each year, and that the proceeds of the said collections (unless when appropriated to other missionary objects by the contributors), after there has been paid over to the Lord Bishop of Algoma the sum of $172 towards his Episcopal salary, shall be placed at his disposal for mission work within his Diocese. That of the amount collected for the Diocese of Algoma in October last, and now in the hands of the Secretary -Treasurer, the sum of $344.00 be transmitted to the Bishop of Algoma, on account of that portion of his Episcopal salary which this Diocese is entitled to bear. — 1876, p. 66. 2. That this Synod cordially approves of the resolution of the Provincial Synod respecting the endowment of the See of Algoma, but that under the present circumstances of the incom- pleteness of the endowment for this Diocese, the Synod does not feel at present that it can take any action in the matter. — 1880, p. 3. That in paying over to the Board of Home Missions the amount collected towards the assessment of this Diocese, the Board be instructed, in the first instance, to pay to the Diocese of Algoma the full amount in which this Diocese stands pledged to the Diocese of Algoma. — 1881, p. 53. 4. That whereas it has pleased Almighty God, in His wise providence, to call to his rest the late Right Reverend the Bishop of Algoma (the first Missionary Bishop of the Canadian Church), this Synod desires to express its sympathy with the Diocese, which has thus been bereaved of its beloved father and head ; and at the same time to record its thankfulness to the Great Head of the Church for the graces of faithful devotion to His service, and patient and unwearied effort in the face of great difficulties, so signally vouchsafed to the departed Prelate. 5. That this Synod would express its sincere thanks to Almighty God for the unanimous election of the Rev. Dr. Sulli- van to the Missionary See of Algoma. It would also with the «»'crv » •(!'•• I< ■ ( ' I Ml 'l. i .11 I, \ the Ithe Ithe ids ( ' -f ' 1 H ' < !'^^ rise the ian the Ind the to :at >!".; I- t 'i.i.'r i- 1 '),,»■ to lUi- Ihe 1 Jl.ll ..f . ,.twvJ« >.). C 1 •«! «^ A.\>-" »H-» • (• »',' .'H" iC •r .'.Kii ^#! fm '■ IWr ■ ■ «P.»ILi'W»^P"l'»r wn^pf^^^^^!^— HANnV iWOk"' ()/'- THK SYNOD. 59 Bishop elect every blessing on his labors, and assure him of the sincere intention of the Diocese of Niagara to supj^oit him heartily in his future work. 6. That this Synod cheerfully accepts the appropriation ($500), proposed by the Provincial Synod, t(j be assumed by the Diocese of Niagara, for the support of the Bishop of Algoma. - -1881, pp. 38 and 53. X.— QUARTKRLY AND Sl'ECIAL COLLEC'JIONS. That the Synod of tliis Diocese recommend and urge that hereafter all special and cjuarterly collections be sent in full, with- out any deduction from the same, to the Secretary-Treasurer of this Diocese. — 1876, \). C6. XI.— ADDITIONAL MISSIONARY WORK. That in order to i)rovide for more effectual missionary operations, as soon as possible, the sum of $1,000.00 |)er annum be placed at the disjjosal of the Hi.sho]), to enable him to send a clergyman of tact and exjjerience to visit and ministrr in ]>lnces where the people at first may be unable or unwillmg tof;ontribute towards a missionary's support. The whole of such clergyman's stipend beiig guaranteed to him and paid by the Mission Board. 1876, p. 67. XII.— DIOCESAN CHURCH LIBRARY. 1. That to enable the clergy to meet the sceptical objections of the day, as well as to keep them informed of the progress which is being made in the various departments of Arts, Sciences and Modern Discoveries, steps be at once taken for the establishment of a Diocesan Church Library; and in order to carry out the resolution, the Ven. the Archdeacon, the several Rural 1 )eans, and the Rev. Canon Dixon, B. A., be a committee. — 1876, p. 68. 2. That the Ven. Archdeacon McMurray, D. D I). C. L.. the Rev. Canon Dixon, B. A., and the Rural Deans, be a committee to consider and recommend to the Synod at its next meeting the best method for the establishment of a Diocesan Church Library. 1877, p. 51. 3. In 1878 the committee submitted the following report, which was adopted. — 1878, p. 34 : KKI'ORT. The Coiimiittee on ihu fornialion and establishment of a Diocesan Clerical Library bejj Xa reconimen;! as folh^ws : That the various grants fruni the Hrays Associates form the nucleus of such I U rii : 60 ''HANDY BOOK" OF THE SYNOD. libiary, to be kept in the City of Hamilton, in such place as may be agreed upon. That one of the Hamilton clergy be appointed Librarian, who shall keep a Register, in which shall be recorded the name of the borrower, the book borrowed, and the return. That once or twice each year, at a time to be specified, at each Kuridecanal Chapter, the clergy of the Deanery shall recommend such book or Ijooks as they may desire shouitl be added to the Library. And from these lists the Managing Committee shall select such books as the funds at their disposal may enable them to purchase, .ind which they may deem most necessary. That each clergyman si'.b-crilje $ tDwards the purchase of one book. That the Committee of Management be the Arcluleaccms, the Rural Deans, and the Bishon's Examining Chaplain. XIII.— ENDOWMENT OF PARISHES. That the subject of the endowment of parishes be considered, and if possible, steps taken by which every parish without any endowment may obtain such, and that the incumbent of every parish with a certain endowment be termed Rector, giving such parish or parishes certain privileges ; the within subject to be considered during the ensuing year, and taken up at the next meeting of the Synod. — 1876, p. 58. XIV.— DIVINITY STUDENTS' FUND. 1. That the Synod adopts the Mission Canons, and By-laws for the Mission and Theological Students' Funds, as they existed in the Diocese of Toronto at the time of the separation of the Dio- cese of Niagara. — 1876, p. 72. 2. That in order to create a fund for the aid of the Divinity Students in this Diocese, the amount of $100. be added to the estimate for the year, and that the Apportionment Committee be instructed to apportion this in the same manner as the other funds among the parishes of the Diocese,— 1881, p. 53. 3. That the Mission Board and the Executive Committee be requested to take steps to increase the Divinity Students' Fund to such an extent as to enable the Bishop, with those Committees, to aid two or three young men annually through their Divinity course of two years.— 1885, p. 6r. XV.— EXCHANGES BETWEEN DIOCESES. I. That this Synod exjjtesses its desire that some scheme should be adopted by which the position of seniority attained by any, should be enjoyed by all clergymen in whatever Diocese they may be serving ; and tliat a committee be appointed by the Bishop to confer with the Synod of the Parent Diocese or a committee thereof, on the subject. — 1877, p. 41. 'ry A J ;l ''HANDY BOOK" OF THE SYNOD. 61 2. In 1878 the Committee submitted the following report, which was adopted. REPORT. The Committee appointed by the Lord Bishop, in accordance with a resolu- tion of the Synod in May last, to confer with the Synod of Toronto, for the adoption of some arrangement by which the clergy removing from one of tliese Dioceses to tiie otlier might retain their claims on certain iml)lic funds, beg to report, 'hat they went to Toronto during the session of Synod in June t.ist, and were very courteously received by that liotly, who ajipointed a conunittee to confer with them on the subject. This joint committee discussed the sub- ject very fully and made an unanimous report, providing fully for the object this Synod had in view. On the presentation of this report to the Synod of Toronto, the principle it advocated was very generally approved, but it was thought uTulesirable that other Dioceses should be embarrassed in any such arrangement Tiie Synoil therefore re-appointed their committee to continue in office and consult witii the other Dioceses, and then confer with the members of your committee. No such communication has been as yet sent to your Committee. We would therefore suggest that the Committee should be re-ajiiiointed in order to complete the work committed to them. — 1878, p. 39, see also 1S79, p. 57. 3. That the P^xecutive Committee be instructed to correspond with the Executive Committees of the Dioceses of Toronto, Huron and Ontario, with a view to effect an equitable adjustment of the disabilities under which the clergy lie in removing from one Diocese to another, in respect to their claims on the Commuta- tion and Widows' and Orphans' Funds. — 1880, p. 50. XVL— DISTINCTIVE RELIGIOUS TEACHING OF THE YOUNG. 1. That the subject of distinctive religious teaching of the young be considered by the Synod. And to carry it out, a committee be appointed to consider and recommend books suitable for the young, and for the use of Sunday Schools. Said committee to consist of the Rev. Rural Dean Holland, B.A , the Rev. Canon Worrell, M. A,, and the mover, Rev. Rural Dean Osier, M. A. — 1877, p. 50. 2. At the session of 1884, the following report from a special Committee upon the same subject was submitted and adopted. REPORT. The Committee appointed by the Bishop at this Synod to consider the petition received from the Teachers' Association of the County of Welland, on the necessity of Christian evidences and Biblical instruction forming an essential part of education in the public schools of Ontario, beg leave to report concurrence with said petition, and therefore would respectfully request his Lordship the Bishop in Synod to appoint a conmiittee f(jr the purpose of drafting a memorial, in connection with other (Jhristian bodies, to the Minister of Education of Ontario, urging him to authorize the publi- cation of suitable manuals on the above subjects for use in all our Provincial public schools. — 1884, p. 61. M '';'''|i Wl 't 'Ijl f 1^' 63 ''HANDV BOOK" OF THE SYNOD. XVII— REPORT ON THE STATE OF MISSIONS. That a short and succinct statement be furnished to the Mission Board by the Missionaries engaged in this Diocese half yearly, of the state of their respective missions. — 1887, p. 52. XVIII.— TEMPERANCE. 1. That in accordance with that part of his Lordship's Pastoral, on the subject of the enormous evils of intemperance, this Synod do desire that his Lordship will be pleased to recommend to this Synod some suitable course of action in view of promoting the cause of temperance in this Diocese ; and that his Lordship will be pleased to acknowledge the receipt of a Memorial to this Synod on the subject of intemperance, from the Dominion Alliance, for the total suppression of the liquor traffic. — 1877, p. 52. 2. That this Synod hails with grateful satisfaction the marked success of the wide-spread work of the Church of England Temperance Society in England and elsewhere, and the steady advance of total abstinence societies in connection with the Church in this Dominion. — 1880, p. 49. XIX.— FEES. 1. That a fee of one dollar may be charged by the clergymen of this Diocese for each official certificate given by them to be used for proofs, or in other legal proceedings. — 1877, p. 52. 2. That the Lord Bishop be requested to appoint a special committee to examine the following table of fees prescribed in the Diocese of Toronto, and report on their adaptation to the re- quirements of this Diocese. — 1880, p. 49 ; TABLE OF FEES. To be taken by Clergymen of the Church in Canada, in the DIOCESE OF TORONTO. For the following Services, as prescribed by a Special Committee of Synod, and authorized by his Lordship the Bishop of the Diocese. Marriages (including Registration) $4 00 Burials do. do. 2 00 Do. at a distance, do. 3 00 Calling of Banns (payable in advance) i 00 Baptisms (including Registration) No Fee. Churchings No Fee, (Beyond the accustomed Offering pres(rihed by the Prayer Book.) '.■■' (i' III «PI ''HANDY ROOK'' OF TflF. SYNOD. fi3 Certificate of Baptism $i oo Certificate of Marriage i oc Certificate of Burial i oo XX— DIOCESAN CONFERENCE. That the Eord Bishop be respectfully re(|uested to make necessary arrangements for holding a Diocesan Conference of Clergy and Laity at such time as heshall think best.— 1878, p. 38. XXI.— MINUTES TO BE READ BEFORE ADJOURNMENT. That in order to secure perfect accuracy in the " Journal of Proceedings " at this and all future meetings of the Synod, the proceedings of the last day be read o\'er and confirmed, before the adjournment of the Synod. — 1878, p. 39, XXII.— CHURCHES AND PARSONAGES. I. — That a Committee be appointed, called the Church and Parsonage Building Committee, and that it be recommended to all about to build either a church or parsonage house to consult with such Committee before commencing the work or giving out a contract for the same. — 1879, p. 58. 2. That whereas, it is desirable to place a check upon un- necessary and unwise expenditure in the building of churches, parsonages and school-houses, as well as upon the erection of un- sightly edifices and incommodious dwellings within this Diocese, be it therefore resolved, that a committee be appointed, to be called the Church and Parsonage Building Committee, to which all plans and specifications and all necessary arrangements con- nected therewith shall be submitted before any contract be entered into ; on the said plans and specifications being approved by the Committee and confirmed by the Bishop, they may then be proceeded with. The Committee shall be appointed annually at the meeting of the Synod, and shall consist of the Archdeacon, the Rural Dean of the Deanery in which the proposed buildings are to be erected, and three lay members of the Synod to be appointed by the Bishop. The said Committee shall have power to obtain such advice and assistance as they may deem requisite, at the expense of the parish proposing to erect such buildings. It shall not be lawful for the Bishop to sanction any application to any society or in- dividual for funds toward the erection of such edifices when these conditions are not complied with. — 1881, p. 54. 1 m .^* I'j: ) i'i 64 "HANnV BOOK'' OF THE SYNOD. XXIII.— TRAVELIJNG EXPENSES. 'I'hat llic actual travelling expenses incurred by an official of the I)i()(X'se, or a member of one of the Committees of the Dio- cese, being a clergyman, in the discharge of duties assigned to him by the Bisho]), shall be defrayed out of the funds of the Diocese. 1879, p.. 58. XXIV.— PARISHIONERS REMOVING. That it is the duty of every clergyman in charge of a Parish or Mission, when any parishioner removes from under his charge to some other Parish or Mission, to notify the minister thereof; and every clergyman so notified is bound promptly and duly to ac- knowledge such notification. — 1879, p. 58, XXV.— DAY OF INTERCESSION That this Synod do forward a respectful memorial to the Met- ropolitan and House of ]?ishops, praying their Lordships to take into consideration the advantage of having one and the same day set apart as a day of intercession throughout the whole of this Ecclesiastical Province, and, if possible, the same as that to be observed in England ; and that his Lordship the Bishop be re- quested to name a Committee to draft such memorial. — 1880, pp. 48 and 51. XXVL— MARRIAGE WITH DECEASED WIFE'S SISTER. That this Synod views with much surprise and regret the recent attempt in the Dominion Parliament to legislate and to permit ninrriage of a man with a deceased wife's sister, and also of a man with a deceased brother's widow ; that this Synod also begs to express great satisfaction at the protest entered by the Bishop of this Diocese against such proposed measure; and trusts that at the Provincial Synod, about to meet in September next, a strong representation will be made on the subject. — 1880, p. 50. XXVIL— OCCASIONAL PRAYERS. That until such time as the Provincial Synod shall provide occasional prayers for Rogation days, for the sick, for those at sea, and thanksgiving for recovery from sickness, and for a safe return from sea, the Occasional Prayers on these subjects of the Irish and of the American Prayer Books be authorized for use. — 1880, p. 51. XXVIII.— MARRIAGES. That in order to secure uniformity of practice among the clergy of the Diocese, the House of Bishops in Provincial Synod assem- bled be respectfully memorialized to instruct the clergy as to their lit in Ito of at Ife hr :)i;l I.W ■ ^B^^B^^W^Pr^^^^^^Bfl^ i'MlH i«^ 'f/ANPy HOOh'" OF THF. SYNOD 65 duty when called upon to marry a parishioner or parishioners alter a single publication of h.mns, or to marry a parishioner to an un- baptized person. -1880, p. 51. XXIX.— WIDOWS' AND ORPHANS' FUND. 1. That all the clergymen who have paid annually since the formation of the Diocese, or who shall hereafter pay annually, the sum of five dollars or more to the general funds of the Diocese, shall be regarded as having complied with the condi- tions of the by-law of the Widows' and Orpiians' Fund, so far as their annual contributions are concerned. — 1880, p. 51. 2. 'i'hat whereas the resolution in respect of the W. & O. Fund at pige 50 of the Proceedings of the Synod for 18S0 is found to be in conflict with the Canon on the W. & O. I'lind (at page 61 of the Proceedings tor 1879), it is hereby resolved that the wonls in the second line of the said resolution " or who shall hereafter pay annually " be hereby expunged, and that in future the contribution of five dollars per annum required to entitle the widows and orjihans of each clergyman to participate in the benefits of the fund, shall be paid to the Secretary, in accordance with the Canon, independently of the apportionment of the parish to which he belongs. — 1882, p. 52. 3. That whereas it is recjuired by the Second Section of the Canon on Widows' and Orphans' Fund, that the Secretary-Treas- urer shall lay before the Mission Hoard at its meeting in April, a list of those clergymen who have complied with the require- ments of the Canon, it is hereby Resolved, — That the said list be included in the Annual Report of the Mission Board to the Synod. — 1884, p. 60. 4. That the annual contribution of five dollars, paid by any of the clergymen of this I )iocese to Widows' and Orphans' Fund, Current Account, or any other fund, and which was intended and should have been apportioned to Widows' and Orphans' Capital Account, be now transferred to Capital Account, and that the Secretary-Treasurer notify each clergyman of his position on the fund. — 1884, p. 60. 5. That this Synod pledges itself to the Church in this Diocese to provide for the widows and orphans of any Clergy who may, with the approval of the Bishop of Niagara, at any time during the next eight years, remove to the Diocese of Algoma and remain there, and conform during his service there with the requirements of the By-law of this Diocese, at the same rate as 'e entitled, by seniority or otherwise, to paiticipate in any of the funds of the Diocese ; nor shall his widow or orphans have any right to benefit by the Widows' and Orphans' Fund. — iS8i, p. 50. 2. At the Session of 1882, the matter was further considered and the following resolutions adopted : W- mil 1 ^ ^n\ i- • ' If ! ''H Ittl ' " ^l^B HANDY BOOK"' OF THE SYNOD. 67 1. That the Canon on the Permanent Diaconate be not now adopted, but in lieu thereof the Legislature be petitioned to change the act of Incor- poration of the Synod of the Diocese of Niagara, so that it shall consist of the Bishop, Priests and Lay Representatives. — 1882, p. 51. 2. That the giving notice of application to the Legislature for an alteration in the Constitution of this Diocese be postponed till after the next session of this Synod. — 1882, p. 52. 3. At the Session of 1883, the following Canon was introduced, but its consideration was deferred. CANON ON THE DIACONATE. I. Every candidate for the oflice of a Deacon shall present to the Bishop. (i). A testimonial from his own Pastor that he has been a regular communicant for the. two years immediately preceding his application for Deacon's orders, and together with this, (2). Certificates from two or more Presbyters, of whom one shall have been his own Pastor, that on their personal knowledge of him, and actual examination for further satisfaction, they deem him to possess such personal ([ualifications, physical, intellectual and religious, and to have attained such proficiency in the English language and learning, and In particular in the art of reading aloud, and such general acquaintance with ine Holy Scriptures and the book of Common Prayer, as justify the expectations of his usefulness in the office of a Deacon. (3). A declaration under his own hand that he is able to maintain himself and his family without aid from the Church's funds, and that it is his desire, for the love of God, to render to the Church under the direction of the Presbyter in whose Pai ish he may be licensed to serve, such services as may be required of him, l)oth on tiie Lord's Day and at such other time as lie may be able to do so without prejudice to his workliy calling. II. The examination of a candidate for the office of Deacon only, shall be so conducted as may most thoroughly ascertain the extent of his actpiaintance with the Holy Scriptures of the Old and New Testaments, in every part of which he shall require to be well versed ; and also his familiarity with the book of Common Prayer. III. A person so ordained to the Permanent Diaconate shall not officiate beyond the limit of the Parish to which he is licensed, unless by request of the Clergyman of another Parish, and with the consent of the Clergyman of the Parish to which he is attached. IV. A person ordained as above shall not be entitled by seniority or other- wise to participate in any of the funds of the Diocese, nor shall his widow or orphans have any right to benefit by the Widows' and Orphans' Fund. V. No more that two perpetual fJeacons shall be licensed to any Parish. 1883, p. 49. 4. Subsequently the following resolution was adopted : That no application be made to the Legislature for an alteration in the Constitution of the Diocese, excluding Deacons from the Synod. — 1883, p. 51. 5. At the session of 1886, the following Canon was introduced : CANON ON THE DIACONATE. Whereas by Canon XVIII of the Provincial Synod it is enacted as follows : " A Deacon need not surrender his worldly calling or business (said calling ■I Ail 68 '' HANDY BOOK'' OF THE SYNOD. K '« being approved by the Bishop), unless he be a candidate for the office of a Priest, and he shall not be admitted to the Priesthood till he shall have passed a satisfactory examination in Latin and Greek, and have further complied with such other requirements as the Bishop of each Diocese may impose." " Every Deacon who shall, from necessity, be placed in charge of a Parish or Mission shall be under the direction of a neighboring piiest until he be advanced to the Priesthood." And whereas it is desirable and necessary to define the position of such Deacons as do not surrender their worldly calling or business in this Diocese, in regard to the Funds and any emoluments derived from moneys held in trust for the benefit of the Diocese by the Synod; Be it therefore enacted, I. That when such Deacons have been accepted and ordained by the Bishop, they shall be entitled to sit and vote with the Clergy in the Synod of the Diocese as long as they hold the license of the Bishop, and no longer. II. That such Deacons shall have no claim whatsoever as beneficiaries on any of the various Funds subscribed, collected or held in trust, for the benefit of the Clergy. III. That when any such Deacons have, in accordance with the require- ments of Canon XVIII of the Provincial Synod, been duly admitted to Priest's Orders by the Bishop of the Diocese, the claim of such Deacons as beneficia- ries of the Funds and Temporalities held in trust by the Synod for the benefit of the Clergy, shall date only from their ordination to the Priesthood. After discussion the Canon was not proceeded with, owing to the adoption of the following resolution ; That this Synod do memorialize the Provincial Synod at its next Session to consider Canon XVIII on the Permanent Diaconate with the view of amend- ing the same. XXXI.— MAP OF THE DIOCESE. That it is necessary that a map of the Uiocese should be pro vided, shewing each Township with the Church population therein, and that each parish and mission be furnished with a copy. — 1882, P- 52. XXXII.— THE BIBLE IN PUBLIC SCHOOLS. That the request of the Presbyterian Synod of Hamilton and London be accepted as far as possible by this Synod, with respect to the use of God's Word in our Public Schools, regarding it as the only foundation of Christian morality, as well as Christian faith.— 1882, p. 53. XXXIII.— CLAIM ON TORONTO EPISCOPAL ENDOW- MENT FUND. 1. At the Session of 1879, the Special Committee appointed to consider this matter, submitted a report and memorial which were adopted.— 1879, p. 52. 2. That the Executive Committee be instructed to invite a submission of the matter in dispute, in regard to the Episcopal 1) >2, Iw- to ire )al t I 1 ''HANDY BOOK'' OF THE SYNOD. 69 Endowment Fund, to one of the Judges of the Superior Court, or such other referee as may be mutually agreed upon, and failing to effect such an arrangement, that they be empowered to take such further steps as may be found expedient and necessary to enforce a settlement of the claim of this Synod. — 1880, p. 50. 3. That this Synod regrets to learn from the report of the Executive Committee that so little progress has been made in a decision upon a special case prepared by the Chancellor of this Diocese, relating to the claims of Niagara upon the E|)iscopal Endowment Fund of the Diocese of Toronto, and they request the Executive Committee to again urge upon the Diocese of Toronto the necessity for an early settlement of this (juestion, 1882, p. 54. 4. That in view of the judgment rendered by the Court in re Synod of Niagara vs. Synod of Toronto, viz : — " That there is no legal, but a strong moral, obligation on the i)art of the said Synod of Toronto to refund the subscriptions raised within the limits of the Diocese of Niagara, towards the maintenance of the Episco- pate," — all further legal proceedings be terminated. But that a delegation consisting of the mover, the Rev. Canon Worrell, the Rev. H. Carmichael, the Chancellor, and Geo. Elliott, Esq., be appointed to meet the Synod of Toronto in session on the 22nd June, with a view to urge the moral claims (in the words of the judge) of said Synod of Niagara. And that the Secretary-Treasurer be instructed to intimate to the Lord Bishop of Toronto that such delegation has been appointed, and to respectfully request his Lordship to permit such delegation to meet the Bishop and his Synod at an early period in the session.— 1886, p. 73. XXXIV.— CENTRAL BOARD OF DOMESTIC MISSIONS. At the Session of 1881, the following report was adopted. REPORT. The Corresponding Committee of the Central Board of Domestic Missions of the Provincial Synod for the Diocese of Niagara, beg to report. I. That wiiilst strongly objecting to the fact of the Central ]5oard assessing the Diocese of Niagara the same amount as that placed on the Diocese of Ontario, yet, for the sake of aiding the work of Missions in Algonia and the North-West, they recommend the willing acceptance of the assessment of $1,250 per annum, the whole amount to be forwarded to the parent Board to be distributed according to the direction of the Corresponding Committee of the Diocese of Niagara. II. That they would recommend that the Executive Committee be directed to increase the parochial assessments in order to meet the increased expendi- ture. III. That your Committee feel that the amount that will naturally fall to 1 V 70 ''HANDY BOOK" OF THE SYNOD. the work of the North-West, under the proposed arrangement will be altoge- ther inadequate to the need of that great country. IV, Your Committee would recommend the Central Hoard to increase the assessments of all the Dioceses in order to assist materially the tver increasing work of God's Church in the North-West. — 1881, p. 49. At the Session of 1882, the following report was adopted. REPORT The Corresponding Committee of the Central board of Domestic Missions of the Provincial Synod, for the Diocese of Niagara, beg to report That the full amount apportioned to this Diocese by the Central Board has been paid, and that your committee recommend the additional apportionment proposed to be laid on this Diocese by the last Provincial Synod, be cheerfully, and under the circumstances gratefully accepted by the Synod of the Diocese of Niagara. Your Committee also recommend that the Clergy of the Diocese fall in with the following mode of keeping a correct account of all moneys subscribed, given either to Algoma or the North-West. That all collections made by Bishops, Clergy or Laity for Algoma or the North-West in different parishes of the Diocese of Niagara, be permitted by the Clergy, on the distinct understanding that all sums collected in the various parishes be passed through the books of the Secretary-Treasurer of the Diocese, and a record of such collections be sent to the Secretary of the Central Board as a supplemental list of moneys subscribed by the Diocese of Niagara over and above the apportionment of the Diocese. The committee also recommend that the Secretary-Treasurer of the Diocese forward all moneys for apportionment account placed in his hands to the Bishops of Algoma and the North-West, transmitting at the same time to the Secretary of the Board of Missions a statement of the amounts forwarded. — 1882, p. 48. Note. — At the Session of the Provincial Synod in 1883, the Domestic and Foreign Missionary Society of the Church of Eng- land in Canada was formed, taking the place ofthe Central Board. (See Canon XIX of Provincial Synod,) XXXV.— UNIFORMITY OF PUBLIC WORSHIP. 1. That inasmuch as the Provincial Synod of Canada has, by its Act of Incorporation, power to enact Canons respecting the order and discipline of the Church, within its ecclesiastical boundaries, be it resolved that the Synod of Niagara do memor- ialize that body, at its next meeting in September, to enact Canons for the promotion of greater uniformity in public worship. — 1883, p. 50. 2. That the Provincial Synod be prayed to abandon the con- sideration of the Memorial presented to that honorable body from the Diocese of Niagara in the year 1883. — 1885, p. 61. XXXVI.— SUSTENTATION FUND. 1. That the Lord Bishop be respectfully requested to appoint a 1 1 \i A i^IS'j. ) 'ff \ ' i i' ■fn " f/ANPy HOOh"' OF THE SYNOD. 71 Committee of five to report at the next session of the Synod as to a plan to establish a Sustentation Fund for the aged and disabled clergy of this Diocese. — 1884, p. 60. 2. At the Session of 1886 the following Canon was introduced by the Rev. W. R. Clark, M. A. : CANON FOR .SUrERANNUATIN'C. AGED AND DISAHLKD CLERGYMEN. \Vlicrca.s there is little or no provision for the Clerp;y of the Dinccse should they become incapacitated by illness, age, or intirmity, he it therefore enacted: 1. That a Fund be established to be designated, " The Aged an4 1i ed, ion lop h r n 'in M '^ HANDY HOOK"' OF TIIK SYNOD. 79 sliould connect with his Diocese some college or like institution for the special training and preparation of young men for the Ministry ot the Churcli ; we believe that one University for the North American Provinces, with foundations for each 1 )iocese, on the model (jf the two great Universities, will he recpiircd to com- plete an educational system, as well for lay students in every department ot literature and science, as for the students in theology and candidates for the sacred Ministry. (e) TKiininj^for the Ministry. In addition to the general studies pursued in the college or university, we deem it highly desirable that candidates for the Ministry should apply themselves, under competent direction, to a systematic course of reading in theology for at least one whole year, or longer if possible, previous to their taking holy orders ; and that they should likewise be instructed in the duties of the pastoral office, in correct reading and delivering of sermons, in church music, architecture, &€. (f) Diocesan and Parochial Libraries. We deem it very desirable also that libraries should be formed in every Diocese under the direction of the Clergy, botii for the Clergy themselves and for their Parishioners. XIV.— THE ORDER OF DEACONS. We would wish to discontinue the practice which the necessi- ties of the Church have sometimes forced upon us, of entrusting large independent spheres of duty to young and inexperienced men in Deacon's Orders, deeming it desirable that every Deacon should, if possible, be placed under the direction of an exper- ienced Priest. i ! I 1 I XV.— MAINTENANCE OF THE CLERGY BY THE PEOPLE While we hold it to be the duty of Christian governments to maintain inviolate whatever endowment", have been lawfully and religiously made for the establishment, support, or extension of the (Christian religion ; and while we acknowledge, with heartfelt gratitude, the aid given to our missions by the Venerable Society for the Propagation of the Gospel in Foreign Parts .^ to whose foste' Mg care and bounty the Church in these Colonies owes, und( iod, its existence and means of usefulness, we desire to rec our conviction that the Ordinances of the Church will ne e rightly valued, nor its strength fully develojied, until the peu| , for whose benefit the Clergy minister in holy things, fur- I ■^i ■ !& wp.ii- :im-' m: 80 ''HANDY BOOK'' OF THE SYNOD. nish a more adequate support to the institutions and to the Clergy of their Church. Further, as the Society, in consequence of numerous and increas- ing' claims in all parts of the world, is compelled gradually to withdraw its aid, we desire to impress on all our flocks the duty of ful lining their obligations in respect of the payment of their Ministers; and with a view to this object, w" recommend that the Churchwardens in each parish or mission should furnish every year to the Bishop a written return, duly certihed by themselves and the Clergyman, of the sums paid to his support for the cur- rent year. XVI.— CONCLUSION. I ,astly, while we acknowledge it to be the bounden duty of ourselves and our clergy, by God's grace assisting us, in our sev- eral stations, to do the work of good evangelists, yet we desire to remember that we have most solemnly pledged ourselves to fulfil this work of our ministry, according to the doctrine and discipline of the Church of E^ngland, and as faithful subjects of Her Most Gracious Majesty Queen Victoria, "unto whom the chief govern- ment of all estates of this realm, whether they be ecclesiastical or civil, in all causes doth appertain, and is not, nor ought to be, subject to any foreign jurisdiction." And we cannot forbear expressing our unfeigned thankfulness to Almighty God that he has preserved to us, in this uranch of Christ's Holy Church, the assurance of an Apostolic commission for our Ministerial calling ; and together with it, a confession of pure and Catholic truth, and the fulness of sacramental grace. May He graciously be pieased tu direct and guide us all in the use of these precious gifts, enable us to serve Him in unity of spirit, in the bond of peace, and in righteousness of life, and finally bring us to His Heavenly King- dom, through Jesus Christ our Lord. (Signed.) G. J. QUEBEC, JOHN TORONTO. EDWARD NEWFOUNDLAND. JOHN FREDERICTON. F. MONTREAL. 'HANDY BOOK" OF THE SYNOD 81 DECLARATION OF CANADIAN BISHOPS. /// Fir si Provincial Synod Assembled, iS6i. I.— PRELIMINARY DECLARATION. Wo; the Bishops of the United Church of England and Ire- land, within the Province of Canada, together with the Delegates from the Clergy and Laity of the Diocesan Synods, now assembled in the first Synod under Royal and constitutional authority, 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 Province, desire to express our hearty and humble thanks to Almighty God. that it has pleased Him in His Providence to set over us a Metro- politan, and thus enable us, as in the ancient days, to assemble as one body, under the direction of His Holy Spirit, whose aid we now invoke; in the name of His only begotten Son, for the consolidation and advancement of His kingdom in this Province. IL— UNITY OF THE CHURCH— HER DOCTRINAL STANDARDS. Before entering on the business for which we are at present assembled, we desire publicly to declare the principles upon which we propose to proceed. We desire the Church in this Province to continue, as it has been, an integral portion of the United Church of England and Ireland. As members of that Church, we recognize the true Canon of Holy Scripture, as set forth by that Church, on the testimony of the Primitive Catholic Church, to be the rule and standard of faith ; we acknowledge the Book of Common Prnyer and Sacraments, together with the Thirty-nine articles of Religion, to be a true and faithful declaration of the doctrine contained in Holy Scripture ; we maintain the form of Church government by Bishops, Priests, and Deacons, as Scriptural and .Vpostolical ; and we declare our firm and unanimous resolution, in dejiendence on Divine aid, to preserve those doctrines and that form of government and to transmit them to our posterity. *\'iz : The Bishops of Montreal, Quebec, Toronto, Huron and Ontario, % i 1 £s 82 ''HANDY BOOK'" OF 'J UK SYNOD. In particular we maintain the ancient doctrine of our Church, that the Queen is rightfully possessed of the chief gtjvernment and supremacy over all persons within her dominions, whether ecclesiastical or civil, as set forth in the 37th of the Articles of Religion ; and we desire that such supremacy should continue imimpaired. III.— SUBJECTS OF SYNODICAL ACTION. It is our earnest desire and determination to confine our delib- eration to matters of discipline, to the temporalities of the Church, and to such regulations of order or modes of operation, as may tend to her efficiency and extension ; and we desire no control or authority over any but those who are or shall be mem- bers of the same Church. We conceive that the following, or such like objects, may fitly come under our consideration, and to action on our part : 1. To form a Constitution for this Synod, and to regulate the time and place of the meetings, and the order and manner of its proceedings. 2. To provide for the proper exerci'se of ecclesiastical discip- line, in regard to both Clergy and Laity, by modifying and enacting Canons, and by establishing and ordering a Court of Appeal. 3. To i)rovide, with the consent of the Crown when needed, fit regulations for the appointment of Bishops, Priests and Dea- cons, in accordance with the Canons of the Universal Church. 4. To provide, with the consent of the Crown, for the division of the Province into new Dioceses, as occasion may require. 5. To procure from the Colonial Legislature any laws or mod- ifications of laws, which the circumstances of the Church may require. 6. To promote the further consolidation and united action of the whole of the Dioceses of British North America. IV.— PRAYER FOR DIVINE GUIDANCE. Proceeding upon these principles, which, as we humbly thank God, were, under His guidance, first among the Colonial Churches, publicly set forth amongst ourselves, and have been sustained by the acceptance of our brethren through a large part of the Colonial dominions of our beloved Queen, we firmly rely and depend upon His continued blessing and guidance ; and we humbly pray that He, who is the God of unity and peace, may of nk ial en irt we ay . 'f ' \ 1 ^ ''HANDY BOOK'' OF THE SYNOD. 88 ever be with us, and so chasten our affections, purify our motives, and guide our judgment, that we may be enabled to contribute to the efficiency, concord and stability of the Church in this land. P CONSTITUTION OF THE PROVINCIAL SYNOD. 1. The Provincial Synod shall consist of the Hisliops of the Church of I-'.ngland in Canada, having sees within the Ecclesias- tical Province of Canada, i)rescntly composed of the Provinces of Ontario, Quebec, Nova Scotia, Prince Edward Island and New Brunswick, or executing by due authority the Ejjiscopate as assistant or Missionary Pjishops therein, and of Delegates chosen from the Clergy and from the Laity. 2. The Bishops shall deliberate in one House, and the Dele- gates from the Clegy and Laity in another, and each House shal' hold its sittings either in public or in private, at its own discretion. 3. The Clerical and Lay Delegates shall consist of twelve of each Order from each Diocese. 4. The Synod shall meet on the 2nd Wednesday of September in every third year, or oftener, at the discretion of the Metropol- itan ; or on the requisition of any two Bishops, or of the Bishoi)S and half the Delegates of each order in any Diocese. 5. In the vacancy of the Metroi)olitan See, a meeting may be called at the appointed period, or on either of the above requisi- tions, by the senior Bishop of the Ecclesiastical Province of Canada. 6. A fjuorum of the Synod shall consist of not less than a majority of the Bishops and not less than one-fourth of the members of each Order of the Lower House. 7. The Metropolitan, or some Bishop appointed by him, shall be the President of the Upper House ; and in the vacancy of the See the House of Bishops shall elect one of their own number to preside. 8. The Lower House shall be presided over by their Prolocutor, to be chosen viva voce on motion of any member of that House. 9. Each House shall appoint a Secretary or Secretaries, who shall keep regular accounts of all proceedings in their own House ; shall record them in books provided for the purjjose ; shall pre- serve memorials and other documents under the direction of the President and Prolocutor ; shall attest all public Acts of the Synod, and deliver over all records and documents to their successors. 10. The expenses of the .Synod shall be provided for, and its iilramil r If I ir '1 I''. 'HI U\ M 84 ''HANDY BOOK"' OF THE SYNOD. financial concerns managed by a Committee of the Lower House, after a manner to be approved by both Houses. IT. Each House shall establish its own order of proceedings and rules of order, and may publish as much of its proceedings as may appear advisable. 12. The Upper House shall propose to the Lower any business they may desire to have treated of or decided ; and it shall be incumbent on the I-ower House to take up and dispose of such business in preference to any other. 13. The Upper House may direct the Lower to appoint a Committee to report to the Upper on any subject, on which they may desire the judgment of the Lower, or to appoint their portion of a joint committee ; or may summon the Lower to a conference, 14. Messages from the Upper House shall be delivered by an officer of the Upper to the Secretary of the Lower, by whom they shall be communicated to the Prolocutor, who shall communicate them to the House. 15. The Lower House may present to the Upper any matter which they conceive to be a grievance or to require amendment, even when they have no proposition to make on the same ; and the Upyjer House shall thereupon place it in order for considera- tion, with a view of providing a remedy ; and shall, before the conclusion of the session, declare to the Lower House the result. 16. The Prolocutor shall have the right of admission person- ally or by Committee to the Upper House, to communicate the desire or decisions of the House ; and in such case he shall ascertain by message when he or the Committee can conveniently be received in the Upper House, and Act accordingly. 17. It shall be competent to the Lower House to request a joint committee or conference on any special object, beyond those submitted to it by the Upper House, or to propose for discussion any specific measure ; to which request an answer shall be given ; but it shall be at the option of the Upper House to accede to their request or not. 18. When either House shall desire a conference with the other, or a joint committee, the reason for either shall be agreed to by the House desiring it, and communicated in writing to the other ; the Prolocutor personally or by committee in either case proceeding to the Upper House either to deliver or to receive such reasons. 19. When either House shall have come to a decision upon any subject in which the other House is concerned, it shall com- municate its decision to the other. 'm ••! ' 'iiiL^MM J j ^ ^ -H^yy p . ^ .HH ['" '"st^ ' 'i W \ ■'' '*'^ - ''^ . t ■ f '■ •■ i ! '?! I", ' f'ill ''HANDY BOOK" OF THE SYNOD. H5 20. If the I,nwer House should not concur in a decision of the U])per,they shall, in slating their non-concurrence, statethcir reason; and may either propose an amendment or reciuest the Upper House to suggest an amendment to meet their reason, or recjuest a conference. 2 1. If the Upper should not concur in a resolution or decision of the Lower, they may, in stating their non-concurrence, either state their reasons or not ; and may either })roposL' an amendnicnt or re(|uest the Lower House to prepare an amendment, or appoint a conference, to which the Lower House shall always give attention. 22. The conference may be either by deputation from both Houses, or by deputation from the Lower House, or by open conference, as the Upper House may think fit, and the place shall be appointed by the President. 23. No proposition shall be considered as sanctioned by the Provincial Synod, until it has received the sei)arate sanction of both Houses,which shall be declared by the President in writing. 24. Committees, whether of either House, or of the two Houses, may hold their meetings either during recesses in the session, or during the prorogation of the Synod. 25. No alteration of the Constitution or Canons shall come into operation, until it has been confirmed at a second session of the Provincial Synod. 26. Each meeting of the Synod shall be preceded, or com- menced by Morning Prayer and a Sermon, if so ordered by the Metropolitan, and on the first day of such meeting the Holy Communion shall be administered, 27. The business of each day shall be commenced by prayer for the Divine Guidance and blessing, according to a form authorized by the House of Bishops. 28. The election of the Clerical and Lay Delegates shall be certified under the hand and seal of the Bishop of the Diocese which they represent, or, in the absence of the Bishop, the Chair- man of the Synod ; and such certificates shall be final and con- clusive ; which certificate shall be forwarded by the Secretaries of the Diocesan Synod to the Secretaries of the Lower House of the Provincial Synod within fourteen days after said election ; and in case any of the said Delegates mentioned in such cer- tificate shall be unable to attend, a certificate signed by the Bisho]), or in his absence by the Clerical Secretary of the Dio- cesan Synod, tliat (A. B.) being a Clerical or Lay Delegate from his Diocese is unable to attend, and that (C. D.) is authorized by vote of the Synod of that Diocese to fill his place as Delegate, shall be final and conclusive, whether presented before or during the Session of this Synod. I m M '' HANOV BOOK" OF THE SVNOD. PERMANENT ORDER OF PROCEEDINGS OF VINCIAL SYNOD AS ADOPTED BY BOTH HOUSES PRO- 1. The Provincial Synod shall meet at the place of delibe- ration, (notice being previously given by the Metropolitan or his deputy, of the time and place of meeting), the Bisliops attired in their proper robes, and the Clergy in their gowns, cassocks, bands and hoods ; and shall proceed in procession to the Cathe- dral for Divine Service, on wliich occasion the Holy Communion shall always be administered. The Litany shall be said by the junior Bishop ; the preacher shall be appointed by the Metropoli- tan, and special prayer shall be made for the Synod, 'i'he col- lection shall be applied to the current expenses of the Synod, unless otherwise ordered by tlie Metropolitan. 2. At an appointed hour after Divine service, the members of the Synod shall re-assemble at the place of deliberation, where, after the President has taken his seat, he shall inform the Lower House with regard to their place of meeting, and direct them to elect their Prolocutor. 3 When the Prolocutor has been elected, he shall be conduct- ed to the Upper House by the Chairman, accompanied at discre- tion by any members of the Lower House, and his election announced to the President. 4. The President shall then state to him the business which the Upper House desire to engage the attention of the Lower House, specifying, when necessary, the order in which they desire it to be taken up. 5. On his return, the Prolocutor shall first nominate his own deputy (in case of his absence), and then introduce to the House the business on which the Upper House desire them to engage themselves. 6. On every day of meeting after the first, the Synod shall meet at 9 a. m., and shall proceed at once, before any business is announced, to Morning Prayers at the Cathedral, or the place appointed, and after Prayers proceed to Business. 7. Before the conclusion of the session, the President, with the consent of the House of Bishops, shall issue a Schedule, declaring the state in which each matter of Business now stands which has been brought before the Upper House, and promul- gate it to the Lower House ; reserving all unfinished Business to the next Session, and Proroguing the Synod. 8 The Prolocutor, on receiving the Schedule of Prorogation, shall, at the first opportunity, commuuicate it to his House, which shall not prolong its siuings beyond that day. J \m HANDY BOOK'' OF THE SYNOD. 87 ORDER OF PROCEEDINGS OF THE LOWER HOUSE. 1. After the Piayt;r, the Clerical and Lay Secretaries shall call the roll of their respective orders. 2. 'i'he election of the new Secretaries shall be made by the Clergy and Laity resjiectively. A Treasurer and two Auditors shall also be appointed, all of whom shall hold their offices until their successors shall be appointed. 3. After this the Order of Business shall be as follows : (i) Read'ng, correcting and approving the Minutes of (>re- vious meeting. (2) Ai)pointing Committees. (3) Presenting, reading, and referring Memorials ur Peti tions. (4) Presenting Reports of Committees, of Treasurer or A'lditors. (5) Giving Notices of Motion. (6) T..king up Unfinished Business. (7) Consideration of Motions. (8) Orders of the Day. (9) Before the final adjournment of the Synod, reading, cor- recting and approving the Minutes uf the last day's Proceedings. .- ■ ''I RULES OF ORDER. T The Lower House shall meet on the day and at the hour and place appointed by the Metroi)olitan or President, and unless otherwise ordered by the Flouse, on each succ ceding clay at tt-n o'clock ; and the mid-day ridjournment shall be from one o'clmk to half past two p, m., and the business, except the wo^k 01 the Committees, shall conclude at six p. m.. at which hour the House shall proc;eed to the Cathedr.il for Evensong. The Clergy shall appear in gowns and bands. When the Prolocutor has taken the Chair, every member shall remain uncovered. 2. The Prolocutor shall preserve order and decorum, and shall have power to appoint Assessois to aid him in so doing, and he shall decide all c|uestion of order, subject to an appeal to the House, to be dec;idod without debate; and when called upon to decide a point of order, he shall state the rule aj)i)licable to the case, without argument or comment. 88 ''HANDY BOOK" OF THE SYNOD. 3. When any member wishes to speak, he shall rise and address the Chair. 4 When two or more members rise at the same time, the Pro- locutor shall name the party first to speak. 5. A member called to order while speaking shall sit down, unless permitted to explain. 6. No motion or amendment will be considered as before the House, unless seconded and reduced to writing. 7. No member, save the mover of a resolution, who, as mover, is entitled to reply, shall speak more than once, except by the permission of the House. 8. A member may rise to explain, if permitted by the Chair. 9. No original motion, except motions of course, shall be received without notice, except by permission of the House. 10. When a resolution has been moved and seconded, any member may retjuire the previous question to be put, whether the motion so made, shall be put or not, and that question shall be decided without debate. IT. When a motion has been read 10 the House by the Pro- locutor, it cannot be withdrawn without the consent of the Hf)use. 12. When a question is under debate, no motion shall be re- ceived by the Chair, unless to amend it or postpone it, or to lay it on the table, or for adjournment, or for the previous question, and no more than one amendment to a proposed amendment of a question shall be in order. 13. A motion to adjourn shall always be in order. 14 Motions to adjourn or to lay on the table shall be decided without debate. 15. A motion to suspend a Rule of order shall take precedence of all other motions, and shall be decided without debate ; and no Rule of Order shall be suspended, except ufjon the vote of two-thirds of the Members present. 16. A Member, if not interrupting a speaker, may re([uire any motion in discussion to be read for his information, at any time during the debate. 17. When amendments are made to any motion, the amend- ment and the original motion shall be put in order the reverse of that in which they were brought forward. 18. When a question is finally put by the Prolocutor, either an original motion or an amendment, no fuither debate sliall be allowed ; the Prolocutor first declaring that the cjuestion is finally put. ress Pro- »wn, the vcr, the r. be any the [ be Pro- use. ; re- ' lay ion, It of ded :nce and e of any ime snd- e of ther I be 1 is t ''HANDY BOOK" OF THh SYNOD «'J 19. When the Prolocutor is putting a (jucstion, no Member shall rise from his seat ; and every member present, when a question is ])ut, shall be required to vote on the same, unless excused by the House. 20. In voting, those who vote in the affirmative shall first rise, and then those who vote in the negative; and in case of an equality of votes, the question shall be decided by the casting vote of the Prolocutor, who may also vote on the motion. 21. When required by two Clerical and two Lay Delegates? the vote oi the House upon any question may be taken by orders voting sej^arately ; and in that case a majority of both orders shall be necessary to an affirmative vote. 22. (3n a division, the names of those who vote for or against a question shall be recorded in the Minutes, if required by three members. 2j,. .•\ question being once detcmined shall not again be drawn into discussion in the same Session, without the unanimous con- sent of the House. 24. (Committees shall not be appointed without notice, except- ing Standing Committees, Committees of the Prolocutor to the Upper House and Committees of course, such as those which follow upon the adoption of a Resolution, which rec^uires a Com- mittee. 25. When a separate Committee of this House has been named, whose function is deliberative, the Prolocutor shall direct what number of its members do form a quorum, unless the quorum be fixed by the Resolution under which the Committee is ap[)ointed. 26. When a Committee is appointed, the Mover of the Resolu- tion asking for the Committee shall be Chairman of the Com- mittee, or when a Resolution is referred to a Committee, the mover of the Resolution shall be Chairman, unless the Committee has already been organized. 27. Reports of Committees shall be in writing, signed by the Chairman, and shall be received in course, but a motion may be made for re-committal. 28. Motions with reference to Reports from Committees shall take precedence of other motions on the paper. 29. W^henever it shall hai)pen tliat members appointed on Committees are not re-elected to the Provincial Synud, the Pro- locutor may appoint others from the same Diocese or Dioceses to fill tlieir place ; and in order thereto, a copy of the certified lists of Clerical and Lay Delegates sent to the Secretaries shall be sent by them to the Prolocutor. 1 n \^: 1 r8( P vi 'i 90 ''HANDY BOOK'' OF THE SYNOD. 30. It shall be the duty of the Secretaries to arrange a list of all unfinished business, and all notices of motions sent to them by members to be brouqht before the Provincial Synod, according to the order in which ihey are received ; and, under the direction of the Metropolitan, to cause a printed copy of the same to be sent to every member of the Synod twenty-one days before its meeting ; which business and notices shall stand first on the order of the day. 31. A Standing Committee of three Clerical and three Lay members of the Synod shall be appointed on the first day of the meeting of the Synod, and such Committee shall arrange for each day the order of ])recedence of the several motions, of which notice has been given, and have them printed. 32. In any unprovided case, resort shall be had to the Rules of Order of the House of Commons in Canada for guidance. 33. No Canon shall be enacted unless the same has been transmitted by the Secretaries of the Lower House to the ..lem- bers of the Provincial Synod at least one month before the meeting of the Synod, or unless the same has been left over as unfinished business, and printed in the journal of the previous Session. i i: of em ing ion be its ier .ay the for of lies ;en im- the as )US I ''HANDY BOOK"' OF THE SYNO/h 91 Sanons of Provincial Synod. I.— OF THE ELECTION OF THE METROPOLITAN BISHOP. 1. From and after the clay on which the See of Montreal shall next become vacant, the Bishop of Montreal shall not, by virtue of his office as such, be the Metropolitan of this Eccles- iastical Province. 2. After the expiration of three months, and not later than the expiration of six months after the next and every subse(iuent avoidance of the Metropolitan See, the Bishops of the said Prov- ince shall meet under the presidency of the senior Bishop, or in case of his inability to act, under the presidency of the Bishop next in order of seniority, and it shall be his duty to summon them to that end, at some place within the Ecclesiastical Prov- ince, by giving at least six weeks' notice of the time and place of meeting, and elect one of their number to be president of the House of Bishops, and the Bishop so elected shall thereupon, ipso facto, be the Metropolitan Bishop, and shall have, possess and exercise any prerogatives which the Metropolitan Bishop in the said Province now has, possesses and exercises, or may or can have, possess and exercise, any law, usage or custom of the said Province to the contrary in any wise notwithstanding. 3. The See of the said Bishop so elected as aforesaid, shall be the Metropolitan See of the said Province, but the City of Montreal shall be, as it presently is, the place of the Meeting of the Provincial Synod of the said Province. 4. Until the election of the said Metropolitan Bishop, the said senior Bishop shall, after each such avoidance aforesaid of the Metropolitan See, be vested with alljthe rights, powers, privi- leges, and prerogati\es of Metropolitan Bishop aforesaid. 5. All rules, regulations, canons or other provisions of law of the said Province inconsistent with the foregoing provisions, shall be and the same are hereby repealed. 6. In such election of the Metropolitan Bishop, it shall be necessary that a majority of all the Bishops of the Diocese in the Ecclesiastical Province of Canada concur either by actual vote at the meeting called for such election or else in writing under their hand and seal. 92 ''HANDY BOOK'" OF THE SYNOD. II.— ON SUBMISSION OF CLERGY TO THR CANONS OF THE PROVINCIAL AND DIOCESAN SYNODS. No Bishop within this Province shall hereafter grant his license to any clergyman to the cure of souls until such clergyman has first subscribed and declared his submission to the Canons of the Provincial Synod, and of the Synod of the Diocese of such Bishop, in the following form : I (A. B. ) do willingly subscribe to and declare that I assent to and abide by the Canons which have been, or shall be, f^om time to time, passed by the Provincial Synod, or the Synod of the Diocese of III.— ON THE POWERS OF THE METROPOLITAN. 1. The Metropolitan shall have precedence of all the other Bishops of the Canadian Dioceses, and the said other liishops shall be his Suffragans. 2. The Metropolitan shall preside over the House of Bishops, and shall convene the Provincial Synod and be the President thereof. 3. Upon a memorial signed by two-thirds of the Clerical and Lay Members of any Diocesan Synod, certified to be such by the Clerical and Lay Secretaries of such Diocesan Synod, requesting the Metropolitan Bishop to exercise visitorial power in such Diocese, the said Metropolitan Bishop shall have full power and authority to visit such Diocese, and the Bishop thereof, and during such visitation, to inhibit the exercise of all or of such part or parts of the ordinary jurisdiction of such Bishop, as to him the Metropolitan Bishop shall seem expedient, and during the time of such visitation to exercise by himself, or his commissaries such powers, functions, and jurisdiction in and over the said Diocese, as the Bishop thereof might have exercised, if he had not been inhibited from exercising the same. IV.— ON THE TRIAL OF A BISHOP. Offences for which a Bishop may be tried. 1. (A.) Crime or immorality. 2. Advisedly holding and teaching, whether publicly or privately, any doctrine contrary to that held by the Canadian Branch of the United Church of England and Ireland. NS nse has the iich t to ime the thcr lops Dps, ient and the ting uch and and uch 3 to ring his 3ver d, if or 3ian m "m ,.'«',. r>% IMAGE EVALUATION TEST TARGET (MT-3) 7 A {/ i^^ V Ui % 1.0 I.I 1.8 1.25 1.4 1.6 ■ < 6" — ► <^ 7W/ O^k/A // y ^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14S80 (7)6) 872-4503 41?^ '^^"'^ V \* fc ^ 4;, ■, .1. . * . . » • ■■ I ( 1 1 1 - .1 ' ■ I ,1 "1, : ' ' \ ^J ' .'• a.;- ■ I 1 i ' . I , I ■ ( it.l .'.V •• •, '••■!«■ I, 1 - - '.■,<- >"\-l •« -!•■ , , ■ I 1 I-,..' .1 I \ 'V . y; f 1 r > ! >'*>S»«r. f, f ., ;■ nm- " HANDY BOOK" OF THE SYNOD. M 3. Wilful violation of the constitution or canons of the Provincial Synod. 4. Wilful violation of the constitution or canons of the Diocese to which he belongs. 1. (B.) All charges against a Bishop shall be made in writing, and shall be signed by seven male communicants in good standing, of whom three at least shall be Priests. Action on Rumours. 2. Whenever a Bishop of this Church shall have reason to believe that there are in circulation rumours, reports or charges affecting his moral or religious character, he may, if he please, if acting in conformity with the written advice and consent of any two of his brother Bishops, demand of the Metropolitan, or if the Metropolitan be the Bishop affected by such rumour, then of the Bishop senior by consecration, to convene a Board of Incjuiry in the mode hereinafter set forth. 3. Accusers may choose a lay advocate in preparing proofs and ■ i.iiicjes, &c., or they may prepare such charges themselves, and m ?>th Ca^e ine grounds of accusation must be set forth with reason. .)le certainty of time, place and circumstance. Char^eSf to whom to be delivered. 4. Charges pr'^pared in either of the modes mentioned, shall be delivered to the Metropolitan, if he be not the accused ; if he be the accused, the charges shall be delivered to the Bi.shop senior by consecration 5. Accusers must give security for costs in the sum of one thousand dollars. Board of Preliminary Inquiry ^ how constituted. 6. The Metropolitan or senior Bishop, as the case may be, shall appoint the Deans, Archdeacons and Chancellors of the different Dioceses of the Province as a Board of preliminary inquiry, the majority of whom shall form a quorum. Notice to Members. 7. The Metropolitan or senior Bishop, as the case may be, shall give notice thereof to said Board, and direct them to attend at the time and place designated by him, and organize the Board ; and it sh.ill be the duty of each member so notified to attend. The place of meeting must be within the Diocese of the accused The Metropolitan or senior Bishop shall send at the same time a copy of the arges to the senior dignitary of the Board. 8. The sittings of the Board shall be private. m 't: 94 HANDY BOOK'' OF THE SYNOD. 9. The Rules of evidences adopted by the Board shall be those of the Civil Courts of this Province ; but two witnesses shall be necessary to the proof of any charge. Presentment. TO. If the majority of the Board present shall be of opinion that there are sufficient grounds to put the accused Bishop upon his trial, they shall direct the Chairman to prepare a presentment, to be signed by such of the Board as agree thereto. 11. The Chairman shall transmit to the Bishop from whom they received the charge, the presentment thus signed, and the Bishop shall send to the accused Bishop a copy of the same. 12. If a majority of the Board present shall be of opinion that there is not sufficient ground to put the accused Bishop on his trial, in such case the charges, together with the certificate of the Metropolitan, or senior Bishop by consecration, of its refusal to make a presentment, shall be prepared in duplicate, one to be sent to the Secretary of the Provincial Synod, to be deposited amongst the archives of the Synod, and the other to the members of the Diocesan Synod of the Diocese where the Bishop has been so charged. No proceedings to be had thereafter by way of pre- sentment on such charges, except on affidavits of two male communicants of the Church, of good standing, of their discovery of new testimony as to the facts charged, and setting forth what such testimony is, which affidavits shall be transmitted to the Chairman of the Court of Inquiry, who shall decide whether they afford ground for a second investigation ; and in case he decides that such second investigation is necessary, he shall notify the Metropolitan, or senior Bishop by consecration, as the case may be, who shall direct an inquiry as hereinbefore ordered ; and if he decides it to be unnecessary, he shall notify the same to the Met- ropolitan, or senior Bishop by consecration, as the case may be. Limitations of Time. 13. No presentment shall be made in any case unless Ihe alleged offence shall have been committed within two years next before the day on which the charges were delivered to the Met- ropolitan, or senior Bishop by consecration, except the charge be of such a nature that it would subject the accused to indictment before the civil courts. Trial. 14. When a presentment shall have been made by the Board of Inquiry, or the majority thereof, it shall be the duty of the Bishop forthwith to give to the accused written notice to attend at the place appointed for the trial. "' :>X V' tfv i t-f Wi«f-f-r 'f n•^ ■!-{) ,,l .!t. ••-•'. <• ■'< hill ^!.i y . 'i "^ *'■• n .<< >;-l- •♦-,. : J. t : :,»■ I . , ■• ... , ■ • . . 1 ^- ■ " . ■ ' • i .-. ' . ' •'•' ". . ''''I ' ■ r'- li • . J li- ■.' '••. I r-' :• . ■ ;, -I .'« .' .\i''.i ■ < ' '" ' •' , .' 1- ■, ,, .1 : , ••i''P • -" 'TTT! ■. I ' ' . • 1 t .- I' 1 j •i,- vvv'.li -\. ..r •'' ■'■:i' ■■ "M ]•■ I V • > r I t'l ' ' ; 1 ' .... I . 7 ? • hr Ksr^'i f» r« •'• W. 1 :. fyj- ' :u:.'>. n .-••■' 1 i ■ •( ■•'• r ■. CI--,'- m (thitn. ' * •■ 1 , 'ft 'i 'it i IS tt»>. tu^ (vi .-.y.Li i> fl Tn*. rl'>a^". ' • ' 'lilt !■:':{' I .1 II,. ,, ..| \\r'\ •'K'' .• 1'. '.. ( t ' » i ' 11 III (>' tl'. »V t» .u .tiK i/: I. 'ii'i . m; vi ■ ! r-'f 1 U VL '-14 » !T 'I .kil. i. I A\ «il* -• •> ; t. .I"l l-V 'It » ^ *%*■ /<> btt tn fc I'l" -.'.iV • ■■<.■.. I' I'll M^f rM> n» • 'ST".! Ill 'mi ft .It HANDY BOOK" OF THE SYNOD. 9S 15. The Court shall be formed of the Bishops of the Province, the majority of whom must be present, excluding the accuser, if he be a Bishop, and the accused. 16. Tlie Bishop to whom the presentment was made shall communicate to every Bishop that he is to attend as a member of the Court ; he shall also appoint the time and place for the as- sembling of the Court ; the time shall be within two calendar months of date of such notice, and the place shall be within the Diocese of the accused Bishop. The Bishop to whom the pre- sentment has been made shall inform the accus d Bishop, by written notice to be left at his usual place of residence, of the time and place appointed for the meeting, and summon him then and there to appear and answer. 17. The Bishops shall appoint a legal assessor at the time of trial. 18. If the accused refuse or neglect to appear, then the Court shall proceed ex parte to pronounce him in contumacy, and pro- nounce judgment in the case. 19. Accused may have counsel, the number of which is to be regulated by the Court. 20. The decision of the Court on all the charges shall be re- duced to writing, and signed by those who assent to it, who must form a majority of the Court. 21. Sentence of the Court, if the accused be found guilty, shall be either admonition, suspension for a definite period, deprivation, or degradation. 22. The judgment of the Court to be communicated to every Ecclesiastical authority within this Province, to the Provincial Synod, and to the Synod of the Diocese of the accused Bishop ; and such Diocesan Synod shall forthwith proceed to enter and record such judgment. A full record of its proceedings shall be kept by every Court. 23. The assessors of the Court shall have no vote in any case whatever. 24. A charge for erroneous doctrine may be made against any Bishop ol this Church, or by any other Bishop in communion with this Church, not under suspension, deprivation or degrada- tion. 25. In case of a charge of erroneous doctrine made by a Bishop, as aforesaid, if the Bishop accused be afterwards put upon his trial, the Court shall be composed of all the Bishops except the accuser and accused ; three Bishops must be present, and the consent of the majority shall be necessary to a conviction. 111, t ''HANDY BOOK" OF THE SYNOD. v.- COURT OF APPEAL OF THE METROPOLITAN How Constituted. The House of Bishops, presided over by the Metropolitan, or President of the U|)per House, or Senior Hishop in their absence, with two or more assessors to be, from time to time, nominated by tlie said House of Bishops, shall be the Court of Appeal from the judgment of any Diocesan Court. Three Bishops shall constitute a quorum of the Court of Appeal, and the descisiun of the majority of the Bishops sitting in Ajjpeal shall bind, and in the event of an e(iuality of votes the decision of the Court appealed from shall stand affirmed. The Bishop of any Diocese, who has given any judgment either alone or in any Diocesan Court in, or is a party to any case, shall not set in Appeal in such case. Officers of the Court. There shall be a Registrar of the Court of Appeal, and such other officers as the Court may deem necessary to be appointed from time to time by the Metropolitan. When Appeal shall lie. An Appeal shall lie to the Court of Appeal, in all cases adjudged by any Diocesan Court, on beha'f of any party to the case or pro- ceeding in the Diocesan Court. There shall be no appeal for any error or defect in form in any proceeding or judgment in a Diocesan Court. An Appeal shall lie to the Court of Appeal from the judgment or decision of the Bishop of any Diocese. Proceedings of the Court. The Court of Appeal may sit in any Diocese, at such times and places as the Court shall, from time to time, order and direct. The Appellant shall give notice of Appeal to the Respondent, and the Bishop of the Diocese, in the Court of which the judg- ment appealed from is given, within one calendar month after such judgment. The Appellant shall give to the Respondent, within two calendar months after such judgment is given, a bond with sufficient securities, to be approved by the Registrar of the Court of Appeal in the sum of $400, to secure the Respondent for the costs of appeal, in case the appeal is dismissed. Every Appeal shall be prosecuted to a hearingby the Appellant within one year after such judgment given, if the Court of Appeal shall sit within such period of one year, and if the Court of Appeal t ..f t •«'»•»! •V , » h,^i' |! n:f Ki.f,. ' ■■:. J. tl.r tui <:.'■ ■. I . ••««i :"■'" uli'irr I, • I , }u '.\y>!< IV '.' ^ i'\t I N r . 1. • ; ■ .'. . ..".. •,: I. », -_.^ rf't. I Cji'.. ,' ft'C;*.,',. .,1',:, 1,.l --»' »:i }•-, '1.1 l«ie ;',>|j,„.., ,j,vlt»i. - i • =r t; f^'fi t. ■e «*«>' t.|:i-i :'i ■ <; .'.,;;c-tJ, 1 ' ".I •■ »".M.< ' . t>» 'jL II \;. Wl. f'' ■V. • . • .'".■■ ...'.?■ .' <• '••,■•' ' ■« ■-•■ ■.. ■;}.■, "■ • J. ''',.• i''. Tit "//ANI^y HOOK' OF THE SYNOD 67 shall not so sit, then at the first sitting of the Court of Appeal, after such year shall have expired. The App''Il;int shall, within three calendar months after surh judgment, bring into the Court of Appeal and file with the Regis- trar thereof, a tr.inscriiU of all the proceedings and judgments appealed from, certified to be correct by the Registrar of the Diocesan (!ourt, or the Bishop of the Diocese, whose judgment is appealed against. It any of the proceedings in the next preceding four sections are not taken within the times respectively limited therefor, the Appeal shall be considered dismissed, and the judgment ap|)ealed from shall stand. The Appellant shall give the Respondent one calendar month's notice in writing of the hearing of the Appeal. The Court of Appeal shall make such rules and orders, as to the forms of i)roccdure and practice, fees and costs, as such Court shall from time to time deem necessary. VI. -OF MINISTERING IN PARISHES. 1. No Clergyman shall absent himself from his charge for more than four weeks at a time, without the written consent of the Bishop ; or, in his absence, of his Commissary, 2. No person shall be permitted to celebrate Divine Service or perform any office of the Church, permanently or occasionally, except he shall have been Episcopally and Canonically ordained, and it shall be the duty of the Incumbent or, in his absence, of the Church-wardens, to demand proof of such ordination and of the good standing of the Clergyman before permitting him to officiate. No person shall ]ierform the office of Lay Reader except he shall hold the Bishop'? license. This Canon shall not ai)ply to the students of any Theological College, so as to prevent them from reading the Eessons in the College Chapel, or to Laymen, occasionally officiating, when there is a necessity for it. « 3. No Clergyman shall officiate in any Mission or Parish, either as substitute for the Incumbent or as his assistant, for more than one month, without the written license of the Bishop, and no per- son who has availed himself of this implied permission shall be allowed to officiate again in the same Mission or Parish within a period of three months, unless he obtain the license of the Bishop or the Bishop's Commissary. 4. No Bishop of one Diocese shall perform any Episcopal , III It m % ■ I :■ % m 99 "//AN/)y flOOA'" OF THE SYNOD. functions in another without the sanction of the Hishop thereof, save in the case provided for by the Canon relating to the powers of the Metropolitan, nor shall any Bishop |)jrform any such functions in any vacant Diocese except by instruction from the Metropolitan ; or, in rase of the voidance of his Diocese, from the Senior Bishop of the Province. VII.— OF LETTERS TESTIMONIAL. When a Priest or Deacon in good standing is desirous of leaving a Diocese, it shall be the duty of the Hishop to give him, on his request, the usual ** Letters Testimonial," but the Clergy- man receiving the same, shall continue subject to the ICpiscopal Jurisdiction of the Bishop till the Letters Testimonial shall have been presented according to their address, and accepted by the Bishop to whose Diocese the Clergyman wishes to be transferred ; provided always that if they be not presented within three months after their date, they may be considered as void by the authority whence they proceeded, and shall be void unless they be presen- ted within six months. VIII— OF EPISCOPAL RESIGNATIONS. If a Bishop shall desire to resign his Diocese, he shall give in his resignation to the Metropolitan, in writing, or (if he he him- self Metropolitan) to the Bishop senior by Consecration ; but such resignation shall not be accepted : 1. Except with the consent of two-thirds of the House of Bishops in Session assembled, provided that not less than a majority of the whole number of Bishops of the Province be pre- sent and voting. 2. Such Session of the House shall be held within three months of date of the receipt of the resignation by the Metropolitan. 3. The acceptance of any such resignation shall be signified in writing by the Metropolitan to the Bishop desiring to resign his See, and to the Secretaries of his Dioceson Synod, such notiaca- tion to specify the date at which the resignation shall take effect, which shall not be later than three months from the date of the acceptance of such resignation. IX.— OF THE SUB-DIVISION OF DIOCESES. The House of Bishops shall have the power of sub-dividing existing Dioceses, or of forming a new Diocese out of portions of oy rut ''. I < '. I V :i '\ f..' '.u..> ?. .\ • ■ . m i'v I (^1 V 'V' i-t « I r 1 1 I ;u ',4' iv I u [t.i I !• t. . '.' ..:■;' .•:•• r;it'', ir j- |.;' ♦ •..-•1 .|l, '", llV ' * . ^ • • • • : • » r I • •; '■ ■ . -■■ ,1 C!. ...■, .\ ...UU 'U) •«i is I nil \)\ li IS. lividing tions of ru a{ ■ N ''HANDY BOOK'' OF THF. SYNO/). 99 existing Dioceses, which may be contiguous, with concurrence, or ujion the apphcation, of the Synod or Synods of the Diocese or Dioceses affected, and it shall be the duty of such Synod or Synods to consider without delay, any proposal for the sub- division of a Diocese which may emanate from the House of Bishops. X.— OF THE OFFICIATING OF STRANCiK CLERGY- MEN IN A DIOCESE. When a Bishop is aware that a clergyman not of his Diocese is officiating or about to officiate in his Diocese, and wh>^n the said Bishoj) shall have good reason to believe that doubts exist regard- ing the clergyman's orthodoxy, canonical ordination, or good morals, then the Bishop may inhibit him from officiating within his Diocese, by a writing addressed to him, and to the clergy; and any clergyman after the receipt of the l;ishop's inhibition, permitting such inhibited person to perform any clerical function in his Church or Mission Chapel, shall be proceeded against by the Bishop for breach of Canonical obedience. XI.— OF MISSIONARY BISHOPS. 1. The Provincial Synod may elect a suitable Priest to be a Missionary Bishop over a district not within any organized Diocese or over a District which includes within the new Territory a part or ])arts of one or more existing Dioceses, and when the House of Bishops shall be satisfied that ade(iiiate pro- vision has been made for the support of a Missionary Bishop, the Metropolitan or presiding Bishop may convene the Provincial Synod for the ])urpose of electing such Missionary Bisliop, by the joint action of the Upper and Lower House, which election shall be conducted in the following manner : — The House of Bishops shall ))reHentlo the Lower House one or more names for election by billot, and if none of these names shall be accepted by the Lower House, further names shall be presented by the Upper House until it shall signify that it has no other name to present. .'Ml names presented to the Lower House shall be before it for election until an election shall have been made. A majority of votes,. Clerical and Lay, shall be necessary to an election. 2. In case a Missionary Bishop shall be a])pointed in the man- ner hereinbefore mentioned over a District which includes or consists of a part or parts of one or more existing Dioceses, the Missionary Bishop shall exercise no jurisdiction over any part or parts of such other Diocp^e or Dioceses, until the Synod r.-. 100 ''HANDY BOOK"' OF THE SYNOD. or Synods of the Diocese or Dioceses affected shall have con- sented to his so doing, and it shall be the duty of such Synod or Synods to consider without delay any such proposal. 3. The Bishop elected, as aforesaid, shall exercise his Episco- pal functions in such Missionary District in conformity with the Constitution and Canons of this Province, so far as they can be made applicable to the condition of his District. 4. Every .Missionary Bishojj shall be entitled to a seat in the House of Bishops, and shall report to the ^^el^opolitan for the information of the Provincial Synod, at every meeting of the Synod, concerning the state and condition of the Church in his Missionary District, 5. In the event of a vacancy occurring in any Missionary Diocese, the Provincial Synod shall be summoned, within six months, to elect another Missionary Bishop, provided the regu- lar meeting of the Provincial Synod shall not take place within twelve months after such vacancy, in which case the election shall be postponed until such regular meeting, and in the mean- time, the duties of the late Bishop shall devolve, so far as they can be discharged by him, on a Commissary, whom it shall be the duty of every Missionary Bishop to ai)poinL on his consecra- tion, and from time to time, as the office shall become vacant. 6. Nothing contained in the first clause of this Canon shall prevent the election of a Missionary Bishoj) at this Session of the Synod, or at any adjourned session of the same. 7. Any Diocese of the Province may, if it desires so to do, separate and set apart any portion of its 'J'erritory as a District suitable for the establishment therein of a Missionary Bishopric, and such Territory so set apart may become a Missionary Diocese and a Bishop be appointed thereto in accordance with the fore- going Canon. XII.— FOR ALTERING THE ORDER OF THE PUBLIC SERVICE IN CERTAIN CASKS. Whereas the Convocations of Canterbury and Yf)rk did intro- duce certain modifications into the order of the Public Service of the Church ; and whereas the Imperial Parliament did by Act 35 and 36 Vic, Chap. 35, sanction and authorize the same as amendments to the .Act of Uniformity : and whereas it is expedient to extend such modifications to this Ecclesiastical Province : Be it, therefore, enacted, as follows : — ive con- lynod or Episco- (vith the can be t in the for the of the h in his ssionary thin six 'le regu- ; within election e mean- ■ as they shall be onsecra- icant. on shall )n of the 3 to do, District ishopric, Diocese he fore- UBLIC id intro- Service 1 by Act same as tpedient ce : HANDY BOOK'' OF THE SYNOD. 101 USE OF SHORTENED FORM OF MORNING AND EVENING PRAYER. The shortened Order for Morning Prayer, or for Evening Prayer, specified in the schedule of this Canon, may, on any day except Sunday, Christmas Day, Circumcision, Epiphany, Ash VVed'iesday, Good Friday and Ascension Day, be used in heu of the Order for Morning or for Evening Prayer respectively pre- scribed by the Book of Common Prayer. The permission hereby granted to use the shortened form of Morning and Evening Prayer specified in the Schedule of this Canon, is hereby extended to Sundays and Holy Days, when the Clergyman shall deem it desirable, either from the peculiar con- dition of his congregation, or from the laborious nature of his ministrations. Such liberty, however., shall not be used without the written sanction and approval of the Bishop. SPECIAL SERVICE FOR SPECIAI, OCCASIONS. Upon any special occasion approved by the Ordinary there may be used in any Cathedral or Church a special form of service approved by the Ordinary, so that there be not introduced into such service anything, except anthems or hymns, which does not form part of the Holy Scriptures or Book of Common i'rayer. ADDITIONAL SERVICE ON SUNDAYS AND HOLY-DAYS. An additional form of service, varied from any form prescribed by the Book of Common Prayer, may be used at any hour, on any Sunday or Holy-day, in any Cathedral or Church in which there are duly read, said, or sung as required by Law, on such Sunday or Holy-day, at some other hour or hours, the Order for Morning Prayer, the Litany, such part of the Order for the Administration of the Lord's Supper or Holy Communion as is recjuired to be read on Sundays or lioly-days if there be no Com- munion, and the Order for Evening Prayer, so that there be not introduced into such additional service any portion of the Order for the Administration of the Lord's Supper or Holy Communion, or anything except anthems or hymns, which does not form part of the Holy Scriptures or Book of Common Prayer, and so that such form of service and the mode in which it is used is, for the time being, apjiroved by the Ordinary. SEPARATION OF SERVICES. Whereas doubts have arisen as to whether the following forms of service, that is to say : the Order for Morning Prayer, the Litany, and the Order for the Administration of the Lord's Supper or Holy Communion, may be used as separate services, and it is expedient to remove such doubts ; Be it, therefore, enacted and il^^'i 102 HANDY BOOK'' OF THE SYNOD. declared, that any of such forms of service may be used together, or in varying order, as separate services, or that the Litany may be said after the third Collect in the Order for Evening Prayer, either in lieu of or in addition to the use of the Litany in the Order for Morning Prayer, and any of the said forms of service may be used with or without the preaching of a sermon or lecture, or the reading of a homily. PREACHING A SERMON WITHOUT PREVIOUS SERVICE, Whereas doubts have arisen as to whether a sermon or lecture may be preached without the common prayers and services appointed by the Book of Common Prayer for the time of day being previously read, and it is expedient to remove doubts : be it therefore, enacted and declared, that a sermon or lecture may be preached without the common prayers or services ap- pointed by the Bock of Common Prayer being read before it is preached, so that such sermon or lecture be preceded by any service authorized by the Canon, or by the Bidding Prayer, or by a Collect taken from the Book of Common Prayer, with or without the Lord's Prayer. SCHEDULE. Note — The Minister using the Shortened Order for Morning Prayer or for Evening Prayer in this Schedule, may, in his dis- cretion, add in its proper place any exhortation, prayer, canticle, hymn, psalm, or lesson contained in the Order for Morning Prayer or for Evening Prayer in the Book of Common Prayer, and omitted, or authorized to be omitted, from such shortened order. shortened form of SERVICE FOR MORNING PRAYER, DAILY THROUGHOUT THE YEAR, EXCEPT SUNDAY, CHRISTMAS DAY, CIRCUMCISION, EPIPHANY, ASH WEDNESDAY, GOOD FRIDAY AND ASCENSION DAY. * At the beginning of Morning Prayer the Minister shall read with a loud voice one or more oj these sentences of the Scriptures that follow : " When the wicked man," &c. A General Confession to be said of the ivhole Congregation after t/ie Minister^ all Kneeling: " Almighty and Most Merciful Father," &c. The Absolution or Remission of Sins, to be Pronounced by the Priest alone. Standing, the People still Kneeling : " Almighty God, the Father," &c. , ,''/..->f- J. It u.il/i Ai'/i an i»i L/ftt .;;" V. J-'l_i .•* ' ../•«. »"i; iS' 111 ■I' f'tffif ft/ ti •'f^i-jiy l» (. i'fv TiuNftr/" <\« 'I ILY M^ .'/fr s;.. r ,"«/.' .// /• nt tarn- .w tt f"fr .x'^'iT.r.: ^ftti .'urmm^ 'U Wrt ( i'r«/ f.f 'V '♦ •' ;■•'"' '•'■ •'■'''' f 'Iv'i' r.fJcf-- fir-r\ •■■nt.. \a VJV %.K \^' \,. (m,. }. > 'ftioi'.T .r v"!N^» <.'f s>i' r si).-f> .. r A'^r* f* 'Hc-p cnlcT^''" t.^1*' f fssor:. ftr V the S.'-' ' ^ .^; •ft.-; th. 'I ^w. <.5jf1 fv ^iinff <.>;i; >WiJl • '^ffliJ tz iT'tv. pixh i'Hjrtfnul mil.', r A'^'n Ajir ti;. V A Gtntrcd ' »4t \ftfti\t<'f. }b.Kud t'v the ''HANDY BOOK'" OF THE SYNOD. 103 The People shall answer here, and at the end of all the other prayers, " Amen." Then the Minister shall Kneel ami say the D^nVs Prayer with an audible voice; t/u People also Kneeling and repeating it with him : " Our Father, which art in Heaven, &c. Then likewise he shall say : " O Lord, open Thou our lips, &c. /fere all Standing up, the Priest shall say: — " Glory be to the Father," &c Then shall follow the Psalms appointed. And at the end of every Psalm throughout the year, and likewise at the end of the Benedicite Benedictus, Magnificat and Nunc Dimittis, shall be repeated : " Glory be to the Father," &c. Then shall be read distinctly, with an audible voice, either the First Lesson taken out of the Old Testament as is appointed in the Calendar, or the Second Lesson taken out of the New Tes- tament, except there be a Proper Lesson assigned for that day, in which case the Proper Lesson shall be read, and if there are two Proper Lessons, each shall be read in its proper place ; he that readeth so Standing and turning himself as he may best be heard by all such as are present. Note — That before every Lesson the Minister shall say : "Here beginneth" (such a chapter or verse of such a chapter of such a Book.) After every Lesson. "Here endeth" the Lesson, or the First or the Second Lesson. And after the lesson, shall be said or sung in English the following : Either the Hymn called " Te Deum l^udamus." "We praise Thee, O God," &c. ; Or this Canticle t Benedicite, omnia opera. "O all ye works of the Lord," &c. Or the Hymn following (except when that shall happen to be read in the Lesson for the day, or for the Gospel on St. John the Baptist's Day) ; i 11 P if ^'- ' "H : 4 ■ i ■ 104 '* HANDY BOOK'" OF THE SY.VOD. Renedictus^ St. Luke i, v. 68 "Blessed be the Lord God of Israel," &c. Or this Psalm, ^ Jubilate Deo. "O be joyful in the Lord all yc lands," &c. Then shall be said or sung the Apostles' Creed by the Minister and the People Standing, except only on such days as the Creed of St. A t/ianasius is appointed to be read. After that, the people all devoutly Kneeling, the Minister shall pro- nounce with a loud voice : "The Lord be with you." Answer. — "And with thy spirit." Minister. — " Let us pray." Then the Priest shall say : "O Lord, shew thy mercy upon us," &c. Then shall follow three Collects. The first of the Day, which shall be the same that is appointed at the Communion : the second for Peace : the third for Grace to live well : and the two last Collects shall never alter, but daily be said at Morning Prayer throughout all the year, asfolloweth, all kneeling. The second Collect, for Peace : "O Lord, who are the author of Peace," &c. The third Collect for Grace : "O Lord, our heavenly Father," &c. Here may follow an A nthem or Hymn. Then these two prayers following : . A Prayer of St. Chrysostom. "Almighty God, who hast given us grace," &c. 2 Corinthians, xiii. : "The grace of our Lord Jesus Christ," &c. Here endeth the Shortened Order of Morning Prayer. I » '?-,- r «. »* ,1' the ^k/r/tur. i /• ' ' •• • utt.fj in " »'» 5 i.yi; '.;.'M I ,...u 1 ! ■f?!! t4IS;i f.v II ."\'». . *.'* w. ■ !h, /Vac; ^L.O'iJ \\uie,( !ur ^ e^ue • ;•!. kV f/. "Th. Here emitlk ilti ' .•fucr. ' A:r, HANDY HOOK" OF THE SYNOH. IM THESIIOKIKNIirj OkHER KOK KVENINCl PKAYKR, DAILY THROLM.MOUT THE YEAR, EXCEPT ON SUNDAY, CHRISTMAS DAY, CIR- CUMCISION, EI'II'HANY, ASH WEDNESDAY, (iOOD FRIDAY AND ASCENSION DAY. Ai the be^innin<^ of Evening Prayer the Minister shall read with a loud voice some one or more of these sentences of the Scriptures that follow : "When the wicked man," &.c. A General Confession to be said by the whole Con^rei^ation after the Minister, all Kneeling : " Almighty and most merciful Father," iSrc. The Absolution or Remission of sins, to be pronounced by the Priest alone Standing ; the People still Kneeling : " Almighty God, the Father," &c. Then the Minister shall Kneel and say the Lord's Prayer the People also Kneeling and repeating it with him : " Our Father, which art in heaven," &c. Then likewise he shall say : " O Lord, open Thou our lips," &c. Here all Standing up, the Priest shall say : " Glory be to the Father," &c. Then shall be said or sung one or more of the Psalms in order as they be appointed. Then either a lesson of the Old Testament, as it is appointed, or a lesson of the New Testa- ment, as it is appointed, except there is a Proper Lesson assigned for that day, in which case the Proper Lesson shall be read, and if there are two Proper Lessons, each shall be read in its proper place ; and after the Lesson or between the first and second Lessons, shall be said or sung in English one of the following : Eith'r the Magnificat or the Song of the Blessed Virgin Mary, in English, as follows : Magnificat. St. Luke i. " My soul doth magnify the Lord," &c. Or else this Psalm (except it be on the nineteenth day of the month, when it is read in the ordinary course of the Psalms) : m 106 HANDY BOO A'" OF THE SYA/OD. si: 1 1^ Cantate Domino, Psalm xcviii ; " O sing unto the Lord a new song," kc. Or Nunr Dimittis (or the sofiji^ of Simeon) as follows : " Lord now lettest thou Thy servant," &c. Oy else this Psalm (except it be on the twelfth day of the month) : Deus misereatur. J'dul/n Ixvii ; " (lOd be merciful unto us and bless us," &c. Then shall be said or snng the Apostles' Creed, by the Minister and People Standing : " I believe in God the Father Almighty," &c. And after that, the People devoutly Kneeling, the Minister shall pronounce with a loud voice : "■ The Lord be with you.'' Ans7iier. — "And with thy Spirit." Minister, — •' Let us pray." Then the Priest, Standing up, shall say : "O Lord, show Thy mercy upon us," &c. Then shall follow three Collects. The first of the Day: the second for Peace ; the third for aid against all Perils, as hcrc- ajter followeth ; x&hich two last Collects shall be daily said at Evening Prayer, without alteration. The second Collect at Evening Prayer : " O God, from whom all holy desires," &c. The third Collect, for aid against all Perils. " Lighten our darkness," &c. Here may follow an Anthem or Hymn. A Prayer of ^i. Chrysostom. " Almighty God, who hast given us grace," &c. 2 Corinthians, xiii. "The grace of our Lord Jesus Christ," &c. Here endeth the Shortened Order of Evening Prayer. of the by the inister y ; the s here- aid at » 1 ■1'. ?! '' HANDY ROOK" OF THE SYNOD. 107 XIII.— OF ALTERATIONS OR ADDITIONS IN PRAYER BOOK AND VERSION OF SCRIPTURES. No alt< ation or addition shall be made in the Book of Common Prayer and Administration of the Sacraments and other Rites and Ceremonies of the Church, the Articles of Religion, or the Form and Manner of making, ordnining and consecrating Bishops, Priests and Deacons, or the Version of the Scriptures authorized to be read in Churches, unless tiie same shall be enacted at one session of the Provincial Synod and confirmed at another session of the same ; provided that the confirmation be approved by two-thirds of the House of Bishops and two-thirds of each order of the Lower House. Nevertheless, any alteration in or addition made to the Prayer Book or Articles by the Church of England in her Convocations, and authorized by Parliament, may be accepted for use in this Ecclesiastical Province by the Provincial Synod at one session only, without the necessity for further confirmation. XIV.— OF THE OATHS AND SUBSCRIPTION OF THE CLERGY. Every person about to be ordained Priest or Deacon shall, be- fore ordination, in the presence of the Bishop by whom he is to be ordained, and every person about to be licensed to any curacy, or to be instituted to any benefice shall, before obtaining such license or being so instituted, make and subscribe the following declarations and take the following oaths. 1. The " Declaration of Assent " so called : "I, (A. B ,) do solemnly make the following declaration: I assent to the Thirty-nine Articles of religion and to the Book of Common Prayer, and of the ordering of Bishops, Priests and Deacons ; I believe the doctrine of the Church of England as therein set forth to be agreeable to the Word of Cod, and in Public Prayers and administration of the Sacraments, I will use the Form in the said book prescribed, and no.ie other, except so far as shall be ordered by lawful authority.'' 2, The declaration of Submission to the Canons of the Pro- vincial and Diocesan Synods, as required by Canon II of the Canons of this Ecclesiastical Province in the following terms : " I, (A. B.,) do willingly subscribe to and declare that I assent to and abide by the Canons which have been, or shall he, from 'm 108 ''HANDV ROOK'' OF THE SYNOD. \n X^ time to time, passed by the Provincial Synod, or the Synod of the Diocese of 3. The Oath of Allegiance : " I. (A. B ,) do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and success- ors, according to law. So help me God." 4. The Oath of Canonical Obedience : "I, (A. B., ) do swear that I will pay true and Canonical obedi- ence to the Lord Bishop of and his successors in all legal and honest commands. So help me God. [No oath shall be administered during the service for the order- ing of Deacons, or during the service for the ordering of Priests, or during the service for the consecration of Bishops.] Before institution to any Benefice, the person to be instituted shall subscribe the following " Declaration against Simony." "I, (A. B ,; solemnly declare that I have not made by myself or by any other person, any payment, contract, or promise of any kind whatsoever which, to the best of my knowledge or belief, is simoniacal, touching or concerning the obtaining the preferment of ( ), nor will I any time hereafter perform or satisfy, in whole or in part, any such kind of payment, contract or prom- ise made by any other without my knowledge or consent." XV.— OF THE CONSECRATION OF A BISHOP. 1. Whenever an election is made by any Diocesan Synod within the Ecclesiastical Province of Canada of a person to fill the ofifire of Bishop, the chairman, or in the cas-i of his death, incapacity, absence or refusal, the clerical secretary of the said Synod, shall transmit a certificate of such election to the Metropolitan, within seven days after election. 2. Such certificate shall be in the following form : — " We, the Clergy and T/ay Representatives of the Diocese of in Synod assembled, do hereby certify that at on this day of A. D (A. B.,) of the Diocese of was duly elected, according to the Canons of this Diocese, to be Bishop of Signed on behalf of the Synod, Chairman, Secretary or Secretaries. Socese ^ertify was se, to ''HANDY BOOK" OF THE SYNOD. 109 3. On the receipt of this certificate, the Metropolitan shall, within seven days, send formal notice of such election to all the Bishops within his Ecclesiastical Province. 4. Should any of the said Bishops desire to object to the con- secration of the person so elected, on the ground of canonical disability, as hereinafter defined, he shall make the objection in writing, delivered to the Metropolitan within fourteen days from the date of said notification to him of such election, setting forth the special grounds of his objection. 5. On the receipt of such objection in writing by the Metro- politan, or in case the Metropolitan himself objects to such con- secration, he shall summon the House of Bishops to meet within one month, to consider such objection, giving not less than four- teen days notice of the time and place of meeting ; it shall be the duty of every Bishop so summoned to attend, unless he be excused for reasonble cause to be approved by the Metropolitan ; and the Metropolitan shall send by post a true copy of such objec- tion to the person so elected, at least twenty-one days previous to the meeting referred to in this section, and shall also notify him of the time and place of meeting. 6. The House of Bishops, having heard the person so elected, or having given him every reasonable facility for appearing before them in person, or by counsel, or by proxy, if he be so minded, as well as the Diocesan Synod by its representatives duly appoint- ed, if the said Diocesan Synod shall express its desire to be so heard ; and, having heard the reasons in suppou of the said ob- jection, shall decide as to its validity cr otherwise, and their decision, with reasons therefor, shall be communicated in writing without delay to the person so elected, and to the secretary of the Synod which elected him. 7. Thereupon, if the majority of the Bishops of the Ecclesias- tical Province determine that the objection is Canonical and has been sustained, the Synod of the Diocese aforesaid shall proceed to the election of another person to fill the office of Bishop. 8 Should no such objection be made within the period specifi- ed or other objection made, should the same not be sustained by the majority of the Bishops as aforesaid, the Metropolitan shall, with all convenient speed, i^roceed to the consecration of the said person so elected, and to that end shall summon two or more of the Bishops of the Ecclesiastical Province to assist him in such consecration ; and it shall be the duty of such Bisho[)s to attend at such time and place as he, the Metropolitan, shall appoint, and to assist at the consecration of the said person elected. I i 110 'HANDY no OK" OF THE SYNOD. 9. Before proceeding to consecrate, the Metropolitan shall cause to be read publicly in the church, where the consecration is held, a duly attested certificate of the election of said person to the office of Bishop, and that no Canonical impediment to his con- secration exists, which shall thereupon be given in for record. 10. No Bishop who shall have made any Canonical objection as aforesaid, or who shall have voted in favor of such objection, shall be required to take part in such consecration, and if the Metropolitan shall have made such objection, the Senior Hishop of the Ecclesiastical Province, not having so objected or so voted, shall perform the duties of the Metropolitan referred to in section 8 of this Canon. 1 1. The following objections shall be considered canonical and none others : — 1. That the person elected is not fully thirty years of age. 2. That he is not a Priest in Holy Orders of the Church of England, or some Branch of the Church in full communion therewith. 3. That he is deficient in learning. 4. That he has either directly or indirectly secured, or attempt- ed to secure, the office by improper means. 5. That he is guilty of any other crime or immorality. 6. That he teaches or holds, or has within five years previous to the date of his election, taught or held anything contrary to the doctrine and discipline of the Church of England. 12. The Bishop elect shall, previous to his consecration, or if already a Bishop, previous to his installation, subscribe a declara- tion of submission to the Canons of the Provincial Synod in the form prescribed by Canon II. 13. If a person shall be elected a Bishop of a vacant Diocese who has been previously consecrated a Bishop of the Church of England, or of any branch of the Church in full communion therewith, the said election shall be notified to the Metropolitan as hereinbefore provided, and the Metropolitan shall proceed as in the case of the election of a person in Priests' Orders, except that when no canonical objection has been received within the period limited for entering such objections, or when such object- ions shall have been heard and rejected by the House of Bishops, the Metropolitan, instead of proceeding to the consecration, shall issue a certificate to the Bishop so elected, and to the Secretaries of the electing Synod, that there is no canonical impediment to the installation of said Bishop. . I • * ■ ' t . i.'J.\ d 1 K K 1 1 « 1 TT-. <■ • ' 1 " . 1 _1 1 .. r.. i • , 1 > ,( • -,•■ t < 1 ' • . r r . >' I • ' / ■ » 1 N ■ , 1 - 1 1 1 1 1 r « . ,- . . . . . . . , i 1 1 i ; • W 1 Si' 1 If"' ,\ 1 ' ', ' 1 ■ ' ♦ , "■■■',' ^E^ 1 ■ •' -. , .. ■ t ' ' * . ' i 1 . • t _ •■- ft i - -It ' 1 , ,.. ,- , ■ ^BKt :;: : : ■p ' I" ■. 1 ;• "! ' I; - : t ■ ■ - ; ,. ' • J 1/ • <* * '■ ' ^H { ' It- .- J '. . ••'■'• "■ '■' ' lA 1 . , '■ 1 - ; - ■^•■ ■■- ■.,, -. ''t>: .-, : ' . '. f *•♦,"' ,\ ■f* 'r. f ;*•?;* fl .S .1 . .Jl.l ■'. - ■■ * ■-,..'. <.. ■■>■', \\.. (:• .\ ii<< i.t'Vi* t **.\ .>. oij ■ inii^.-'i;!' <>■ ri' - 1 - - -i^ •^ •» J , h. t. 1 r 1 i HANDY ROOK- OF THE SYNOD. Ill 14. In all cases when the Kishop elected has hecn duly conse- crated, or a certificate has been furnished by the Mctro|)olitan, as before provided, the said Metropolitan shall, either by himself or by some |)crson duly commissioned to act on his behalf, formally install the said Bishop elect, inducting him into the actual posses- sion of his See. 15. In case there shall be no Metro})olitan, or in case he shall be incapable of performing the duty in this Canon assigned to the Metropolitan, this duty shall be performed by the Senior Bishop of the Province, and in case of his absence or incapacity by the next in seniority, and so forth. 16. .\ majority of the Bishops of the Ecclesiastical Province shall constitute a quorum for the hearing of objections to the con- secration of a person elected to the office of Bishop. XVI. ■ON MARRIAGE WITHIN THE PROHIBITED DEGREES. Whereas the following Resolution was adopted by the Provin- cial Synod : " No clergyman of this Ecclesiastical Province shall knowingly solemnize a marriage forbidden by the 99th Canon of the year 1603 A. D., which is as follows : — ' No person shall marry within the Degrees prohibited by the laws of God, and expressed in a Table set forth by authority in the year of our Lord God 1563.' " I. The Table of Degrees prohibiting certain marriages set forth by authority in the year of our Lord 1563, and usually annexed to the Book of Common Prayer is hereby adopted by the Church of this Ecclesiastical Province of Canada. II. No Clergyman of this Ecclesiastical Province shall know- ingly solemnize a marriage within the degrees prohibited by such Table. III. A printed copy of the Table of Prohibited Degrees shall be placed in the Vestry-room, or near the entrance of every Church in this Ecclesiastical Province, at the charge of the parish, in some place where it may conveniently be read XVIL— OF LAY READERS. Lay readers may be employed in any parish or mission under the following conditions : — The lay reader shall be selected by 112 '' HANDY HOOK" OF THE SYNOD. the Rector or Missionary in charge, and sliall he recommended l)y him to the liishop for his license. The Hisho|), having satislied himself that such person is fitted by reason of his religious character and his knowledge of the |{il)le and i'rayer Book for the office, may license him as lay reader in the form hereto subjoined, and shall, where practicable, admit him, in person or by deputy, to his office in the presence of the people among whom he is to serve. Wii, by Divine permission. Bishop of do by these presents grant unto you, our well beloved in Ciirist, in whose good morals and sound doctrine we do confide, our I-icense and Authority to perform the duties of lay Reader and Catechist, in the Parish or Mission of under the guidance and direction of the Reverend the Minister in charge. This License to continue during our pleasure, or until the said Reverend shall signify to us and to you in writing under his hand that he no longer desires to avail himself of your services, when it shall cease and determine. Given under our Hand and Seal, this day of in the year one thousand eight hundred and eighty- and in the year of our consecration. XVIII.— OF THE DIACONATE. A Deacon need not surrender his worldly calling or business, ( said calling being approved by the Bishop,) unless he be a candidate for the office of a Priest, and he shall not be admitted to the Priesthood till he shall have passed a satisfactory examina- tion in Latin and (ireek, and have further complied with such other requirements as the Bishop of each Diocese may impose. Every Deacon who shall from necessity, be placed in charge of a parish or mission, shall be under the direction of a neigh- bouring Priest until he be advanced to the Priesthood. XIX.— ON THE CONSTITUTION OF THE DOMESTIC AND FOREIGN MISSIONARY SOCIETY OF THE CHURCH OF ENGLAND IN CANADA. Art I. — This Society shall be called The Domestic and Foreign Missionary Society of the Church of England in Canada. Art. II. — This Society shall consist of all persons who are members of this Church. m m ■m u,, >..!*, . I I ] % 'HANDY BOOK" Oh' THE SVNOIK 118 Art III. — The Society shall be under the control of a (iKnm.kai, Hoard of Missions, consisting of the Hishoi)s of this Ecclesias- tical Province, and the Cleiical and Lay Delegates for tlic time being of the Provincial Synod, together with the Board of Man- agement as hereinafter described. On the third day of each triennial session of the Provincial Synod, the business of the Synod shall be suspended to allow the business connected with this Society to be transacted. Art. IV.— There shall be a Board of Management which shall consist of all the Bishops of this Ecclesiastical Province and the Secretary and 'I'reasurer of the Board, members ex-ojficio, together with two clergymen and two laymen from each Diocese, to be ai)poiined by the Oeneral Board on the nomination of each Diocesan Synod, which nomination shall be made by such Synod at the meeting ne.xt preceding the triennial .session of the Provin- cial Synod, and this Board shall have as fur as ])ossible the collectic>n and administration of the Creneral Missionary l-'unds of the Church (subject to the provisions hereinafter set forth), and shall remain in office until their successors are appointed, and shall have pow^r to till any vacancies that may occur in their number. Eight meii )ers shall constitute a quorum. This Board of Management shall, when the General Board is not in session, exercise all the powers of the General Board, and shall rejjort to the General Board of Missions on or before the third day of such triennial session of the Provincial Synod. The Board shall meet at such times and places as they shall think fit. Art. V. — The B." rrt •;>.',V' «t« ' ft>f' f ' I » H mm ; tuiK v'l i't' i; .ill"' ••'•'•*■"> ■''II. ' '. »'^\ .«-■! II -.:.»..» . •>• I . r , ' r? U('U«.C w.*t',u ' ••'. Ill »' . I"' .1 !(•!,'(" ) ii/r- *7." I . V > I ' ■ ' • r I ' NU< h ch'.n- ■ ■>! 14^^, v'll.* '»|l »li »•»'? » 4» f^' ..1 . . '. 1"^ • I •n«.»ilr<.! . ,'i\:i\> .till ' ■ ■ 'I t ■ ' . Om' .in ] ! . >u ••Mil' It iilH >» I.I V •'■ , '. "T'l I'll !I< il-Ml ■\ u) 'III.: "11 I : ; f f <" ' n ■ .' «.i • t'li- .)...(( «-.). ■ I.. I, ■nvr S'lfii c it& ^■■i\ \.:>. i.nd j^t 1 1 tr ■' v.. II .Ml (»• ,f 1/1 •> '! -f -me •( tenus ;i ; it: •^'1 . h'\ l''i' '.'•)' • ii^'. :\..„:\t . M f (;.;' Cm. )<•• •■•'K' !'«• •l•^^ >• ■»'• t**." !'' ''li;^^ '. 'f a^lC' .r.i'l If 1 Ti:;>pi.i'l Uui'-ui. a' -,;i..L". (.^♦■^i.'ii,) V U APt? be 11 »usl •,.■... .1 . t 11 :•,■'>■ I tyrt, • 'ti-- ■:f(>r '■4 same ■ ..i-i'i.*. iti' \\V- : /■, >,' A'"' (■'/" '"/.'''■ .• '. •' 'r* '■■ '■'.'tft I' -I <.' ' " - .►i"", ' '' •' ;•••' ' ' ;'ii( "^u' I ■ I ' I I ■ 1 . 1 ' , . : ■. i.,'|. III'' 4 ..1' •! 'v • '■'.• • I , ' ■ ; . ' • ' ' * I 1 1 r * • J ••, >i f' , • '-, , ', li-i .■>'„• ■•• ■,; • ■■ ,M.- t , ■ I., ,, 1 1 u .ii .. Uv.' 'v-'---l--'.-. t.'.'l '11 '. viof iJJit:;, '• ;■ t;(, ;^:^.'l.;^"■ 1 '■ .^ .t ifK (; ■ f ■ r .,; • »i ( ;vii W .. .:i t 111 ^IJkk. ' ■'. '■■ , : ' * " '.''"'. ■'.•..(''.. ; »r . ' ''!'"?.. '"'."Il" ■ T ' " .'.Ml ly {'. « ' . > .. f .. (, ti c ■.;: I I • 1 •' t' i' i> i «•' ■ . ''.1 ' /i T;.i-uiu:.>uSii. I > .t'l I ,1 k t V« .4, * ,s,t M an '.i.i. l! . 'Vi'i ii A ; -i.'V r; r ''.r 'I". it ,s ,n V^.:]-: ■' '<•'. !(-. ' I V Tf !'>.«'. f.>', It ' J) U' .1, .- 1 .V i«- !■ i < ■ ' ■ '. .■! ..I.i; 'i. •ri,''? ti. 11 1.' •■! -,.i. . ' ■ I I' •' 'In. LU ;A^:i:i■>^ ! ..r» N'-lffV, I: ),>0 is:",! !.>r::r^'i'V itt-tf^ jsfUi, ti;a'. IHnrli :;!;Ct ■r! :ki>t> OiMtt ''HANDY HOOK" Oh THE SYNOD, 119 :H!*W Churchwardens' Term of Office. V. And be it further enacted by the authority aforesaid, that such churchwardens shall hold their otlficc for one year from the time of their appointment, or until the election of their successors, except in case of an apjjointment or nomination to fill up any vacancy occasioned by death or removal as aforesaid, and in such case the ])erson so appointed or nominated shall hold the said office until the next annual election. Powers of Churchwardens, VI. And be it further enacted by the authority aforesaid, that such churchwardens, so to be elected and appointed as aforesaid, shall, during their term of office, be as a corporation 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 manner of suits and actions whatsoever, and may prosecute indict- ments, 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 Incumbent, make and execute faculties or con- veyances, or other proper assurances in the law, to all pew-holders 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 conveyan es. leases and certifi- cates, to be given within a reasonable tii nfter demand made, and at the charge of the person applying !or 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 provided ; provided ilways, that any such sale, lease, or renting, shall be subject to such rent charge or other rent, as may from time to time be ra:ed and assessed in respect thereof, at such vestry meetings. Purchase of Pews as a Freehold of Inheritance. VII. And be it further enacted by the authority aforesaid, that in case of the absolute purchase of any pew in any such church as aforesaid, the same shall be construed as a freehold of in- heritance not subject to forfeiture by change of residence, or by discontinuing to frequent the same, and the same may be bar- gained, sold and assigned to any purchaser thereof, being a mem- ber of the Church of England ; 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. i^ll 120 'HANDY BOOK"' OF THF SYNOD. Rights of Pewholders. VIII. And be it further enacted by the authority aforesaid, that any pewholder, whether by purchase or lease, and any person rentinfj; a pew or sitting, shall and may during their rightful \)()rsession 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. Accounts of Churclnvardens open to Inspection. IX. And be it further enacted by the authority aforesaid, that such churchwardens, so to be appointed as aforesaid, shall yearly, and every year, within fourteen days after other churchwardens shall be nominated and appointed to succeed them, deliver in to such succeeding church- wardens a just, true, and perfect account in writing (fairly entered in . 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 l)roperty of sucii church or parish in their hands as such church- wardens, and of all moneys paid by such churchwardens so accounting, 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, who are hereby authorized to. administer the same ; and the said book or books shall be carefully preserved by such churchwardens, and they shall and are hereby required to permit any member of such vestry as aforesaid, to inspect the same at all reasonable times, paying one shilling for such inspection, and in c .bC uich churchwardens make default in yielding such account as aforesaid, or in delivering over such money, goods or other things aforesaid, it shall be in the power of the succeeding churchwardens to proceed against them at law for such default, or to tile a bill m equity for discovery and relief; and in case of the re-appointment of the same churchwardens, then such accounts as aforesaid shall, in like manner as is aforesaid, be made and rendered before an adjourned meeting of such vestry, fourteen days after such re-appointment. Extraordmary Meetings of Vestry. X. .'^nd be it further enacted by the authority aforesaid, that 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 vestr^ meeting whenever he or they shall think proper 1 I . ,'t ' I .t: / "I thai age, reof, oper rl ' ,U _, \': ; Jd I•< f n- I'Uii:; I :■; i' i 'HANDY HOOK- OF THE SYNOD. 121 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 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 jjower 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 Meetings. XI. And be it further enacted by the authority aforesaid, that 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 vestr', clerk, when there is one, and present, or in case there be no ' estry clerk, or he be absent, then such person as the chairm^.n shall name, shall be secretary of such vestry meeting, and X\)i. proceedings of such vestry meeting shall be entered in a book to be kept for that purpose, and {)reserved in the custody of the churchwardens. Regulaticn of Peiv Rents. XII And be it further enacted by the authority aforesaid, that the rent-charge to be paid upon pews holden in freehold, and the rent to be 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 shall 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 like manner be regulated at such vestry meetings as aforesaiu. Appointment of Clerk, Organist, Vestry Clerk, Sexton, 6^r. XIII. And be it further enacted by the authority aforesaid, that 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 that their salary and wages shall be brought into the general account, to be rendered as aforesaid by such church- wardens. Fees for Marriages, Baptisms, 'V -> . ^ <■ ■Zi' . t -[ '.> ' I fll... (<«■ S.»i;, r II' y>n ''HANDY BOOK'' OF THE SYNOD. 123 the Bishop, under his hand and seal, for that purpose ; and there- upon after the erection of a suitable church, and the appropria- tion by the founder thereof of such church so erected, and of lands and hereditaments, or other property, adequate to the main- tenance thereof, and of an 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 heir 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. No Spiritual Jurisdiction conferred by this Act. XVIII. And be it further enacted by the authority aforesaid, that nothing in this act contained shall extend, or be construed to extend in any manner, to confer any spiritual jurisdiction or ecclesiastical rights whatsoever upon any Bishop or Bishops, or other ecclesiastical person, of the said Church, in the said Prov- ince of Upper Canada. — Fage 1087 of Revised Statutes of Upper Canada, Volume i (1843). II. CHURCH TEMPORALITIES' AMENDMENT ACT, 1866. An Act to make further provision in relation to the Temporalities of the United Church of England and Ireland, in this Province. (Act 29-30 Vict, Chap. XV. Assented to 15th August, 188C. ) 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 Temporalities 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 Temporalities of the United Church of England and Ireland, in the Diocese of Quebec, in this Province, and for other purposes therein mentioned," and aLD 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-six, and intituled "An Act to make provision for the management of the Temporalities of the 1, HI? 124 '' MAMDV BOOK-'' OP THE SYNOD. 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 be given 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, Her Majesty, by and with the advice and consent of tho Legislative Council and Assembly of Canada, enacts as follows : The Provincial Synod may change or amend Temporalities Actof 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 provisions of the Act passed 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 such 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 men- tioned, 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 six- teenth 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 before such approval, shall be publish- ed for three months in the Official Gazette, 2. This Act shall be a Public Act. tf -f.Vv ► f"> I A 111 -MtK. r \ '■-> »■'«<■ .\ ^f. •V«. . iirt«:0 O I •ir ({ ')»(>- . ( i ■ ' ^ - ■ *. J . . 1 t M.I...-- ' ' J ' 1 ■ '* ' '■ ' 1 . ..!..(. .; *•> . 1 ^ ^>. !• \ ' f ■ ' ' '/ • 't' r • ,. "i (. • •■ li . .( 1 ^ I . ' i ' .' ''. i ■ \' or ided the ish- ',1 i ...^ • -.1 U-'l ( .1 t|i ' • . *, . - •' I ■ t • UA..iiiJ: I'l u: «4ii." ruc •V'/. ■• I'/ iiih .vjw i.'i- > in t<,( L'>^'^*^*^, />♦ a; U! li .tf J"r.,rhwi ti ;"i, I !>r.I •);■., ,f| '■>:(■,:'(?■■, }, U (•'■ii-^,'i j"..,.v i.c >'*v.-r, M ;;„ ,,^. '.<•■ i\ ! .-"Mj i-;,- ( -.1 , ! ..It !,il'' ;'■< ■'■i,i-. r >. • :''!.. I iiK' ).i. .'■, ^' ■., r 1 ; •-!> » K .1 ' I •-'■■ ' . I) : ',(■• .♦ ' '•■! >. i •, i •« 1 1 ; t ( , <, 1 < « r: . '-:»,n r/-'l »i>,: / Ml :(( <0'' . ' C ■ I ■ ''HANDY BOOK'' OF THE SYNOD. Ill III— DIOCESAN AND PROVINCIAL SYNODS ACT, 1856. An Act to enable Members of the United Church of Eng- land and Ireland, in Canada, to meet in Synod. 119 A 20 Vio., obap. 141 ; Passed June, 1860. AsBented to May, 1857.] Whereas doubts exist whether the members of the United Church of Kngland and Ireland, in this Province, have the power of regulating the affairs of their Church, in matters relating to discipline, and necessary to order and good government, and it is just that such doubts should be removed, in order that they may be permitted to exercise the same rights of self-government that are enjoyed by other religious communities ; therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : The Bishops, Clergy and Laity may meet in Diocesan Synod. I. The Bishops, Clergy and Laity, members of the United Church of England and Ireland, in this Province, may meet in their several Dioceses, which are now or may be hereafter consti- ruted in this Province, and in such manner and by such proceedings as they shall adopt, frame constitutions and make regulations for enforcing discipline in the Church, for the appoint- ment, disposition, deprivation, or removal of any person bearing office therein, of whatever order or degree, any rights of the Crown to the contrary notwithstanding, and for the convenient and orderly management of the property, affairs, and interests of the Church in matters relating to, and affecting only the said Church, and the officers and members thereof, and not in any manner interfering with the rights, privileges, or interests of other religious communities, or of any person or persons not being a member or members of the said United Church of England and Ireland ; provided always, that such constitutions and regulations shall apply only to the Diocese or Dioceses adopting the same. The Bishops, Clergy and Laity tnay meet in Provincial Synod or General Assembly. II. The Bishops, Clergy and Laity, members of the United Church of England and Ireland, in this Province, may meet in General Assembly within this province by such representatives as shall be determined and declared by them in their several Dioceses ;and in such General Assembly frame a Constitution and regulations for the general management and good government of the said Church in this Province ; provided always, that nothing in this Act contained shall authorize the imposition of any rate ia« ''HANDY ROOK" OF THE SYNOD, or tax upon any person or persons whomsoever, whether belong- ing to the said Church or not, or the infliction of any punishment, fine or penalty upon any person, other than his suspension or removal from any office in the said Church, or exclusion from the meetings or proceedings of the Diocesan or Genero' Synods ; and provided also, nothing in the said Constitutions or regulations, or any of them, shall be contrary to any law or statute now or here- after in force in this Province. Certificate of Parliamentary Clerk. I hereby certify the above to be a true copy of the Bill passed by the Legislative Council and Legislative Assembly of Canada, in the Second Session of the Fifth Provincial Parliament, and reserved for the signification of Her Majesty's pleasure thereon by His Excellency the Governor-General, on Thursday the nine- teenth day of June, 1856, and subsequently assented to by proclamation in the Canada Gazette, bearing date the Twenty- eighth day of May, i8i;7. J. F. TAYLOR, Clerk, Legislative Council. IV.— DIOCESAN SYNOD AMENDMENT ACT, 1858. An Act to explain and amend the Act intituled, " An Act to enable the Members oj the United Church of England and Ireland^ in Canada, to meet in Synod. [22 Vic, chap. 139 ; Assented to leth August, 1858.] Whereas doubts exist whether in the Act passed in the nine- teenth and twentieth years of Her Majesty's reign, intituled, " An Act to enable the members of the United Church of England and Ireland, in Canada, to meet in Synod," sufficient provision is made for the representation of the Laity of the United Church of England a.id Ireland in the Synods by the said Act authorized to be held, and it is expedient that such doubts should be removed : therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : I. For all the purposes of the aforesaid Act, the Laity s meet by representation ; and until it shall be otherwise dei mined by the Synod in each Diocese, one or more delegates (not exceeding three in any case) may be elected at the annual Easter meetings in each Parish, Mission, or Cure within the Diocese, or in cases where there may be more than one congre- gation in any Parish, Mission or Cure, then in each such congre- ».\ ' ,- ^ , ^ * ■ r '- r; >« l.u i; >i t 1 1 V • • ' . > > I ^ • < tjl t i I • ' , ■ > I -> ■ r,,,, i; . .(."• ■ . , . ', .1,1 i (• 1 Ult ' t* -4. I I »,••** I . M-.;, M (>; ••.!•■.> I 1- ■'■■| - ••.. '" 1 'US' ■ I .1. I-. All J.li 'i r^y 'e. H' ;> v.i .hi :•..f I ^tHff « >•■* '• ••>r>f*" ,( •/n—; I if '' HANDY BOOK" OF THE SYNOD. 127 gation, or at meetings to be specially called for the purpose by each Clergyman having a separate Cure of souls ; and all laymen within such Parish, Mission or Cure, or belonging to such congregation, of the full age of twenty-one years, who shall declare themselves in writing, at such meetings, to be members of the United Church of England and Ireland, and to belong to no other religious denomination, shall have the right of voting at such election. Each delegate shall receive from the chairman of the meeting a certificate of his election, which he shall produce when called upon so to do at the Synod ; and the first meeting of such Synod shall be called by the Bishoj) of the Diocese, at such time and place as he shall think fit ; provided always, that no business shall be transacted by the Synod of any Diocese unless at least one-fourth of the Clergy of such Diocese shall be present, and at least one-fourth of the congre- gations within the same be represented by at least one delegate. Former A cts of Synod Valid. 2. All proceedings heretofore had in any diocese under the aforesaid Act, which have been conformable to this. Act, siiall be held to be valid, as if the same had taken place after the passing of this Act. — Page 734 of Statutes of 1858. "i v.— CHURCH SOCIETY INCORPORATION ACT. An Act to Incorporate the Church Societies of the United Church of England and Ireland, in the Diocese of Quebec and Toronto. [7 Vic, ch. 68; passed December, 1843 ; received Royal Assent June 27, 1844. J Whereas it has been represented to the Legislature of this Province, that certain persons hereinafter named, and divers others, inhabitants of Lower Canada, and also certain other per- sons hereinafter named, and divers others, inhabitants of Upper Canada, have respectively established themselves together under a Constitution, Rules and Regulations, and have contributed, or engaged to contribute considerable sums of money, and have given or granted, or promised to give or grant, lands or real estate for the following objects, that is to say : — First, for the encourage- ment and support of Missionaries and Clergymen of the United Churcb of England and Ireland, severally within the Dioceses of Quebec and Toronto, and for creating a fund towards the aug- mentation of the Stipends of poor Clergymen, and towards making a provision for those who may be incapacitated by age or infirmity, and for the widows and orphans of the Clergy of the said Church, 128 'HANDY BOUA'" OF THE SYNOD. respectively, in the said Dioceses ; Secondly, for the encourage- ment of education and the support of Day Schools and Sunday Schools in the said Dioceses, respectively, in conformity with the principles of the said Church ; Thirdly, for granting assistance, where it may be necessary, to those who may be preparing for the Ministry of the Gospel in the said Church within the said Dioceses respectively ; Fourthly, for circulating in the said Dioce- ses, respectively, the Holy vScriptures, the Book of Common Prayer of the said Church, and such other Books and Tracts as shall be approved by the several Central Boards or Managing Committees of the said Associations ; Fifthly, for obtaining and granting aid towards the erection, endowment and maintenance of Churches according to the establishment of the said Church in the said Dioceses, respectively, the creation and maintenance of Parsonage Houses, the isetting apart of Burial Grounds and Church Yards, the endowment and support of Parsonages and Rectories according to the said establishment, and the manage- ment of all matters relating to such endowments ; And whereas it would tend greatly to facilitate and promote the purposes of the said Associations that they should severally be incorporated and empowered to hold property in morfriain without letters of license and to manage, administer, alienate or dipose of the same, for the uses and purposes aforesaid, and to make and enforce rules and regulations, respectively, for the government of the said Associations, severally, and for better attaining the purposes aforesaid : Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great Britain and Ireland, intituled, An Act to re unite the Provinces of Upper and Lower Canada, and for the Gotietnmsnt of Canada^ and it is hereby enacted by the authority of the same, that the Lord Bishop of the said Diocese of Quebec, the Lord Bishop of Montreal, or the Bishop administering the said Diocese for the time being, and William Smith, Andrew \V. Cochran, Henry Jessop, Henry J Noad, John Racey, James H. Kerr, David Burnet, W. H. Leay- craft, John M. Fraser, the Reverend C. L. F. Haensel, George Hall, James Bolton, the Reverend George Mackie, the Reverend FMward Cusack, Robert Symes, the Reverend Edmund VV. Sewell, William Price, Noah Freer, Edward Bowen, John G. Irvine, Hammond Gowen, Sir James Stuart, Baronet, Matthew Bell, William Phillips, Henry LeMesurier, Junior, Edward L. Monti- zambert, Thomas Ttigge, Peter Patterson, George B. Hall, James TurnbuU, William Stevenson, James B. Forsyth, Alexander D. Kl M *; \ , f ■ , (;: St !P 4 I; I i' '//.4X/>y h'OOA'" ()/-' THE SYNOn. 13!) Rell, James Dyke, William Bowes, R. M. Harrison, H. S. Dalkin, Edward Roxer, Archibald Campbell, Charles Serretan, James McKenzie, E. P. Woolrich, George H. Parke, Samuel McCauloy, James J. Eoundes, G. Newton, ('harles Secretan. Thomas Daik- ers, H. \V. Welch, and such other persons as are now members of the said Association of the Diocese of Quebec, according to the existing Constitution, Rules and Regulations thereof, and their successors, to be elected in the manner hereinafter provided, and such other persons as shall from time to time hereafter be elected to be members of the said Association in the manner hereinafter provided, shall be and are hereby declared a Body Corporate and Politic, in name and in deed, by the name of " The Church Society of the Diocese of Quebec," and that the Lord Bisiioj) of Toronto, the Venerable George Okill Stuart, Robert Simpson Jameson, I,evius Peter Sherwood, James R. Macaulay, Jonas Jones, Christopher Alexander Hagerman, Peter Boyle De Blacpiiere, William Henry Draper, John Simcoe Mac- auley, James (iordon, John Boulton, John Solomon Cartwright D'Arcy Boulton. .Vlahlon Burwell, John B. Askin, Thomas Mer- cer Jones. Frederick Widder, William B. Jarvis, Henry Ruttan. Joseph Wells, Walter Boswell, Zaccheus Burnham, T. A. Stewart, William Dixon, James Kerby, William Allan, George Crookshank, R. C.Wilkins, Philip Vankoughnet, Gerrard Lloyd, John Macauley, Sir Allan Napier IVIacnab, Guy C. Wood, George Salmon, Henry Sherwood, and such other persons as are now members of the said Association of the Diocese of Toronto, according to the exist- ing Constitution, Rules and Regulations thereof, and their successors, to be elected in the manner hereinafter provided, and such other persons as shall from time to time hereafter be elected to be members of the said Association in the manner hereinafter provided, shall be and are hereby declared to be a Body Corporate and Politic in name and in deed, by the name of " The Church Society of the Diocese of Toronto," and that by the same names the said Associations shall have each perpetual succession and a Common Seal, with power to change, alter, break, or make new the same, so often as they shall judge expedient, and that they and their successors by the same names, respectively, may sue or be sued, implead and be impleaded, answer and be answered unto, in any Court of Record, or other place of Judicature within this Province ; and that the>', and their successors, by the names aforesaid, shall be able and capable in law, respectively, to pur- chase, take, have, hold, receive, enjoy, possess and retain, without license, in mortmain, or Lettres (T Amortissment^ all messuages, lands, tenements, and immovable property, money, goods, chattels, and movable property, which have been or hereafter shall be paid, Ml llf 130 ''HANDY BOOfr OF THE SYNOD. given, granted, purchased, appropriated, devised or bequeathed in any manner or way whatsoever, to, for, and in favour of the said Church Societies, respectively, to and for the uses and pur- poses aforesaid or any of them, and to do, perform and execute all and every lawful act and thing useful and necessary for the purposes aforesaid, in as full and ample a manner, to all intents, constructions and purposes, as any other Hody Politic or Corpor- ate by law may or ought to do. Lands, Moneys, &c., vested in the Corporations. II, And be it enacted, that all lands, messuages, tenements, hereditaments, or immovable property, and all rents, sum and sums of money, charged upon and issuing or payable out of any lands, messuages, tenements, hereditaments, or immovable property, as aforesaid, and all sums of money, goods, chattels, effects or movable property, which have been or shall hereafter be paid, given, granted, purchased, appropriated, devised, or be- queathed in any manner or way whatsoever, to, for, or in favor of the said Corporations, respectively, to and for the uses and purposes aforesaid, shall be, and the same are hereby vested in the said Corporations, respectively, to and for the uses and pur- poses aforesaid, in such manner and form, and subject to such by-laws, rules and regulations, as may be made and passed by the said Corporations, respectively, concerning the same, in the manner hereinafter provided : And that the said Corporations or the Central Boards thereof, or such other Executive and Managing Committees thereof as shall from time to time be appointed and authorized for this purpose by the by-laws, rules and regulations, which may be made and passed in the manner hereinafter mentioned, for the government of the said Corpora- tions, shall, respectively, have power and authority to alienate or exchange ; and to demise, let and lease for any terms of years, such messuages, lands, tenements, hereditaments, and immovable property as shall be so as aforesaid given, granted, purchased, appropriated, devised, or bequeathed to the said Corporations, respectively, for all or any of the purposes aforesaid, and to have, receive, and take the purchase money, consideration or price, rents, issues or profits thereof; Provided always, that the said Corporations or Central Boards thereof, or such other Executive or Managing Committees, as aforesaid, shall, respectively, have, receive, take and hold such purchase money, consideration or price, rents, issues or profits, for the uses and purposes herein- before mentioned and set forth, or some or one of them, and for none other, ii "'HANDY ROOK" OF THE SYNOD. Corporations may make By-laws and transact business. 181 III. And be it enacted, that the said Corporations, and their successors, shall and may respectively, from time to time, hold assemblies and meetings of the said Corporations, which shall be called together in such manner and at such times and places as shall be directed and appomted by the by-laws, rules and regu- lations of the same, to transact the business of the said Corpora- tions, and shall and may at any such meeting elect such persons to be members of the said Corporations, respectively, as they or the major part of them then present shall think fit : Provided always, that no act done in any such assembly or meeting of the said Corporations shall be valid or effectual, unless six persons of such Corporations, at the least, shall be present, and the major part of them consenting thereto. Quorum of Corporations. IV. And be it enacted, that the said Corporations, or the major part of those who shall be present at any of the meetings of the said Corporations to be held in manner aforesaid, shall and may, respectively, make and ordain any constitution, by- laws, rules and regulations, whatsoever, which to them or the major part of them then present, not being fewer in number than six as aforesaid, shall seem meet, reasonable or requisite, touching and concerning the well ordering and governing of the affairs and business of the said Corporations and the due administering and improving of the property thereof, and the more effectually promoting the purposes thereof, as aforesaid, and such constitution, by-laws, rules and regulations, in like manner from time to time to abrogate, repeal, change or alter as may be found expedient, which constitution, by-laws, rules and regulations, shall be binding upon and shall be observed, performed and kept by the members of the said Corporations respectively ; Provided always that the same shall not be repug- nant or contrary to the aforesaid purposes of such Corporations, or to the laws in force in this Province. Written consent of the Bishop necessary. V. Provided always nevertheless, and be it enacted, that no such constitution, by-law, rule or regulation of either of the said Church Societies of the Diocese of Quebec and Toronto, nor any abrogation, repeal, change or alteration of the same, shall be of any force or effect until it shall have been sanctioned and confirmed by the Bishop of or administering such Diocese for the time being, under his hand. 1 1 182 HANDY HOOK'' OF THE SYNOD Her Majesty's rights saved. VI. And be it enacted, that nothing herein contained shall affect or be construed to affect in any manner or way the rights of Her Majesty, Her Heirs or Successors, or of any person or persons, or of any Hody PoUtic or Corporate, such only excepted as are hereinbefore mentioned and provided for. To be a Public A ct. Vn. And be it enacted, that this .Xct shall be deemed a Public Act, and shall be judicially taken notice of as such by all Judges, Justices of the Peace, and other persons whatsoever, without being specially pleaded. VI. CHURCH SOCIETY AMENDMENT ACT, 1865. An Act to amend the Act of Incorporation of the Church Society of the Diocese of Toronto. (28 Vic, ob. 64 ; asseutecl to 18th March, 1865. Whereas: the Church Society of the Diocese of Toronto and the Bishop of the said Diocese have prayed for certain amend- ments to the Act of Incorporation of the said Church Society passed in the seventh year of Her Majesty's reign, chaptered sixty-eight, and that the same rights, powers, authorities and privileges that have been conferred upon the Church Society of the Diocese of Huron, and the Incorporated Synod of the Diocese of Ontario, may be conferred upon the Church Society of the Diocese of Toronto ; and whereas it would greatly facilitate and promote the purposes for which the said Church Society of the Diocese of Toronto was incorporated if the said Act of Incor- poration was so amended : Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Powers of Church Society of Diocese of Huron, and of the Sy7iod of the Diocese of Ontario, conferred on Church Society of Diocese of Toronto. I. The Church Society of the Diocese of Toronto shall have, and there is hereby conferred upon the said Church Society, all the rights, powers, authorities and privileges that have been con- ferred upon or acquired by the Church Society of the Diocese of Huron, and the incorporated Synod of the Diocese of Ontario, by the several Acts of Incorporation of the said last mentioned .1 ' I I I i' ' f.1 1 ' ('..(. r I • i:.'< ■ '. 1 > ' I. > .1 - ■- ■ , , .:' ■ ;^ii (•^ t . . . : I ■i ;■>?' ):.'{• > f I ; >. v„ same authority, to such Parsonages or Rectories, or any of them, but the legality or illegality of all such proceedings shall be adjudicated upon -'.nd determined as if this Act had not been passed. Presentation to such Rectories provided for. 4. The right of presenting an Incumbent or Minister to any such Parsonage or Rectory shall vest in, and be exercised by the Church Society Cif the Churci; of England Diocese within which the same is situated, or in such other person or persons, bodies politic or corporate; as such Church Society, by any By-law or By-laws to be by them from time to *ime passed for that purpose, may think fit to direct or appoint in that behalf. RECTORY LAND SALES ACT, 1866. An Act to provide for the sale cf Rectory Lands in this Province. 129.30 Vic, ch. 16; Assented to 15th August, 1866.] Whereas the Provincial Synod of the United Church ot Eng- and and Ireland in Canada, have by their petition prayed for the passing of an Act to give permission to the Incorporated Synods 1 fTANDY POOR'" OF THE SVSOD. \U and Church Societies of the different Dioceses of the said Church in this Province, to sell the Rectory lands held in such Dioceses by grant from the Crown , and whereas it is desirable to grant the prayer of such petition : Therefce Her Majesty, by and with the advice and consent oi the I-egislati>^e Council and Assembly of Canada, enacts as follows : By what authority Glebe or Rectory Lands uiay be sold — Proviso, as to interest of the then Incnmbent. T. The incorporated Synod of any Diocese of the United Church of England and Ireland, in Canada, or the Church Society of any Diocese, with the consent of the Synod of such Diocese, where such Synod is not incorporated, shall have full power and authority to sell and absolutely dispose of any lands granted by tne Crown in such Diocese, as a glebe of, or as ap purtenant or belonging to, or appropriated for, any Rectory of the said Church in such Diocese, by whatever name the same may be called, or in whomsoever the title thereto may be vested : and any deed executed by such incorporated Synod, or by surh Church Society, shall vest in the purchaser a full, clear and absolute title to the said lands, subject only to any leases thereof or rights granted therein by competent authority prior to such sale, and also to any mortgage that may be executed thereof, to secure all or any of the purchase money thereof; provided always, that such sale shall not affect the estate or inter- est of the incumbent of such Rectory at the time of such sale, unless the consent in writing of such Incumbent to such sale be first given, and that without such consent the title vested in the purchasers by virtue of such deed, shall be subject to the estate and interest of the then Incumbent, in the lands so sold. Investment oj Proceeds of Sale. 2. The proceeds ot such sales, as the same may be from time to time paid, O' as the same may come in from any investment, shall be invested in Government securities or county municipal debentures, and the interest arising from the said proceeds shall be paid to the Incumbent of the Rectory to which such lands be- longed at the time of such sale> during the term of his incum- bency Application of such Proceeds. 3. The proceeds ot such sale shall be held by such incorpora ted Synod or Church Society in trust, first to pav all expenses attending the management thereof; secondly, to pay the interest of the moneys arising from such sale to the Incumbent of the IBS •HANPy BOOK" OF THE SYNOfK Rectory to which such lands belonged at the time of such sale, during the term of his incumbency, if he has consented to such sale as aforesiid ; and thirdly, after the death, retirement, or removal of such Incumbent, to pay such interest, if the amount be sufficient therefor, to the Incumbent of such Rectory for the time being, as follows : in cities, to the extent of seven hundred and fifty pounds a year ; in towns, to the extent of five hundred pounds a year : and in townships to the extent of fou; hundred pounds a year ; and any excess of interest beyond such annual payments shall be apportioned to and divided among the Incumbents of the other churches of the said Church in the City, Town or Township, in which said lands are situate, or to wiiich such Rectory belonged, in such proportion as such incorporated Synod, or Church Society, with the consent of such Synod, where not incorporated, shall by resolution, by-law or canon, fi"om time to time order and direct. Right of presentation not affected. 4. Nothing in this Act contained shall affect the right of presentation to any Rectory, but such right of presentation shall continue to be exercised as it was before this Act was passed. Sales to be ivithin ten years. 5. The right to exercise the power of sale granted by this Act, mviat be exercised within ten years from the passing thereof, To what Rectories the Act shall apply. 6. This Act shall apply only to those rectories and rectorial lands which come within the provisions of the Act passed in the session held in the fourteenth and fifteenth years of Her Majesty's reign, chaptered one hundred and seventy-five. Public Act. 7. This Act shall be deemed a Public Act. 1 f f 11 1 iV'' % s, "\ IP Wt 1'!' t H m| N- ■^ \r- m^^ v^? s.„ 1 ■ IX.— RECTORY LAND SALES AMENDMEiMT ACT, r866. An Act to amend the Act of the present session, inti- tuled : An Act to provide for the sale of the Rectory Lands in this Province. [29-30 Vic, ch. 17; assented to 15th August, 1866. | VVhcren'; it is expedient to amend the Act of the present Session hereinafter mentioned : Therefore, Her Majesty, by and sale, such It, or nount r the idred idred idred inual the City, /hich rated /^here time It of shall Act, orial 1 the jsty's 866. sent and HANDY POOh'" OF THh SYNOD. 187 with the advice and consent of the Legislative Council and Assembly of ('anada, enacts as follows : Section 6 of Chapter i6 repealed. r. The sixth section of the Act passed in the present session of ihe Pariianu-nt of this Province, intituled : An Ad to pro-'ide for the Sale of the Rectory Lands in tliis PtoTinee, is hereby re- ])ealed, and the following section shall be and is hereby sub.titu- ted in lieu of the said section hereby repealed, and shall be taken and read as the sixth section of the said Act. New Section substituted . " 6. This Act sliail not apply to any lands granted by the Oown, as sites for Churches, Parsonages, or Burial (irounds, or now occupied as such." X.--RRCTOR\' LAND SALES AMENDMENT ACT, 1876. An Act to amend the Act entitled " An Act to provide for the Sale oj the Rectory Lands in this Province.'' 1 39 Vic, cap. 108 (Ont.); assented to loth February. 1876.! Whereas the time limited for the sale of the rectory lands under an Act of Parliament of the late Province of Canada, passed in the session held in the twenty-ninth and thirtieth years of the reign of Her Majesty Queen Victoria, and chaptered sixteen, will expire on the fifteenth day of August next, and it is expedient to extend the same ; Therefore Her ALijesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Ri from the fif- teenth day of August next, 188 HANny ROOK" OF THE SYNOD. XI. RELIGIOUS INSTITUTIONS ACT, 1877. An Act respecting the Property of Religions Institutions. fUev. Stat. Outnrio, cap. 210.) Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Where religions societies desire to take conveyances for site of a church, etc., conveyance may be made to trustees — Powers of Trustees. T. Where any religious society or congregation of Christians in Ontario desires to take a conveyance of land for the site of a church, chapel, meeting-house, burial-ground, residence for a minister, book-store, printing or publishing ofifice, or for any other religious or congregational purpose whatever, such society or congregation may appoint trustees, to whom and their suc- cessors, to be appointed in such manner as may be specified in the deed of conveyance, the land requisite for all or any of the purposes aforesaid may be conveyed ; and such trustees and their successors in perpetual succession, by the name expressed in the deed, may take, hold and possess the land, and maintain and de- fend actions in Law or Equity for the protection thereof, and of their property therein. 36 V. c. 135, s. i. Mortga<^es alloived in certain cases. 2. Where a debt has heretofore been or is hereafter contracted for the building, repairing, extending or improving of a church, meeting-house, chapel, book-store, printing office, or other building, on land held by trustees for the benefit of any religious society in Ontario, or for the purchase of the land on which the same has been or is intended to be erected, the trustees or a majority of them, may from time to time secure the debt or any part thereof by a mortgage upon the land, church, meeting-house, chapel, book-store, printing office or other building ; or may borrow money to pay the debt or part thereof, and may secure the repayment of the loan and interest by a like mortgage upon such terms as may be agreed upon. 36 V. c. 135, s. 2. Powers to lease. 3. The grantees in trust named in any letters-patent from the Crown, or the suvivors or suvivor of them, or the trustees for the time being appointed in manner prescribed in the letters-patent, whereby lands are granted for the use of a congregation or religious body, and any other trustees for the time being entitled a n '' HANnV BOOK" OF THE SVNO/K 139 by law to hold lands in trust for the use of a congregation or religious body, may lease, for any term not exceeding twenty-one years, lands so held by them for the use of a congregation or religious body, at such rents and upon such terms as the trustees or a majority of them deem reasonable. 36 V. c. 135, s. 3. Powers to a^rec in leases to renew and pay for K> improvements by lessee. 4. In such lease they may covenant or agree for the renewal thereof at the expiration of any or every term of twenty-one years for a further term of twenty-one years or a less period, at such rent and on such terms as may then by the trustees for the time being be agreed u[)on by the lessee, his heirs, executors, admin- istrators or assigns, or may consent or agree for the payment to the lessee, his executors, administrators or assigns, of the value of any buildings or other improvements which may at the expiration of any term be on the demised premises ; and the mode of ascertaining the amount of such rents or the value of such im- provements may also be specified in the original lease. 36 V. c. i35i s. 4- Consent of cestuis que trustent requisite before leasing — consent, how signified. 5. But the trustee., shall not so lease without the consent of the congregation or religious body for whose use they hold the land in trust, and such consent shall be signified l)y the votes of a majority of the members present at a meeting of the congregation or body, duly called for the purpose ; nor shall the trustees lease any land which, at the time of making the lease, is necessary for the purpose of erecting a church or place of worship or other building thereon, or for a burial ground for the congregation for whose use the land is held. 36 V, c. 135, s. 5. Remedies to trustees for rent in arrear. 6. The trustees for the time being entitled by law to hold land in trust for a congregation or religious body, may, in their own names, or by any name by which they hold the land, sue or distrain for rent in arrear, and may take all such means for the recovery thereof as landlords in other cases are entitled to take. 36 V. c. 135, s. 6. Sales, when and how trustees may make — Special powers not affected. 7. Where land held by trustees for the use of a congregation or religious body becomes unnecessary to be retained for such IMAGE EVALUATION TEST TARGET (MT-3) (^, m.^ 1.0 I.I 1.25 in 12 5 m Hi ||Z2 IM U IIIIII.6 ^ % /} A ^m cm. o>. •c^i >./ /. .% / o / Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ?" > 4f^ i^. i/.A i fe%<' 140 HANDY POO A'" OF THE SYNOD. use, and it is deemed advantageous to sell the land, the trustees for the time being may give public notice of an in- tended sale, specifying the premises to be sold and the time and terms of sale ; and after publication of the notice for four suc- cessive weeks in a weekly paper published in or near the place where the lands are situated they may sell the lands at public auction according to the notice ; but the trustees shall not be obliged to complete or carry a sale into effect, if in their judg- ment an adequate price is not offered for the land ; but this provision shall not affect or vary any special powers or trusts for sale contained in any deed or instrument, and inconsistent herewith. 36 V. c. 135, s. 7. Private sales. 8. The trustees may thereafter sell the land either by public or private sale ; but a less sum shall not be accepted at private sale than was off"ered at public sale. 36 V. c. 135, s. 8. Before conveyance cestuis que trustait to be notified, and sanction obtained. 9. Before any deed of conveyance is executed in pursuance of a public or private sale, the congregation or religious body for whose use the lands are held shall be duly notified thereof, and its assent outained for the execution of the said deed, and such assent shall be signified by the votes of a majority of the members present at a meeting of the congregation or body duly called for the purpose. Evidence of. (2.) Such assent shall be held in favor of the grantee and his assigns to be conclusively testified by the execution of said deed by the chairman at such meeting, or by the official head l.- ■ i-.f M^y tJ.V. !>-. -1 !f t' ( ■ •< ■t '. ' '\ 1 ( ■■ • li .' (..-f t.. J. •:> ,-!;•», -..< 4.'*- i>.. .»a!-i|. ':cli jij.a I. It.' ik!^ ( " HANDY BOOK" OF THE SYNOD. Ul Power to convene public meeting, and determine how successors to trustees be appointed, or trustees. 10. It shall be lawful for any congregation or society of Christians of any denomination on whose behalf lands in this Province are now, have been, or hereafter may be held by a trustee or trustees, without the manner of appointing successors being set forth in the deed of grant, conveyance, will or devise of such lands, or who are or may be entitled to any lands without being a body corporate, at any time hereafter to assemble in a public meeting duly convened by notice in writing, signed by at least five members of such congregation or society, and affixed to the door of their place of worship, at least eight days previous to the day appointed for holding such meeting ; and at such meeting, by the votes of a majority of the members of such congregation or society then and there present, to determine in what manner the successors to such trustee or trustees shall be appointed out of the members of the religious denomination on whose behalf such lands were originally granted, conveyed or conceded, or to appoint a trustee or trustees of any lands to which the said con- gregation or society is entitled, and their successors in the trust. 36 V. c. 135, s. 10. Record of proceedings, deposit and registry thereof. 11. A record of the proceedings of such meeting shall be made out in writing, and entered and transcribed in the minute book or other official register of the acts and proceedings of suc'i con- gregation or society, and shall be signed by the Chairman and Secretary thereof, and shall thereafter be deposited of record among the archives of the congregation or society, and a copy of such record, certified to be a true copy by the Chairman or Sec- retary, on oath (or affirmation) before a Justice of the Peace, shall be recorded in the Registry Office of the County or other Registration Division in which the property is situate. Copy as evidence. (2.) A copy of such proceedings taken from the minute book or other official register of the congregation, and certified by the Clerk or custodian of the records of the congregation, or a copy certified by the Registrar of the Registration Division wherein the same has been registered, accordmg to this section, shall be prima facie evidence of the contents thereof. 36 V. c. 135, s. 11. liil I n'JB 142 HANDY BOOK"' OF THF. SYNOD. The determination at the meeting to have the effect of a clause in the deed of grant — Upon registration lands of unincor- porated bodies to vest in the trustees appointed. 12. Such determination shall, in every such case, have the same effect as a clause in the deed of grant, concession or con- veyance of the lands to which it relates, setting forth the manner of appointing successors to the trustee or trustees named, would have; and any lands to which any religious congregation or society, not being incorporated, is entitled, shall from time to time vest in and be held by the trustee or trustees to be appointed as here- inbefore mentioned, and in the successors in the trust, immediately upon the registration of the proceedings in the last preceding section mentioned, and without any or further conveyance or instrument whatsoever. 36 V. c. 135, s. 12. The case of two societies desirous to build a house of worship. 13. Where members or adherents in any locality of two or more religious societies desire to build a house for public worship, it shall be lawful for each of the societies respectively to appoint from time to time one trustee in the manner and form prescribed in this Act, and the trustees of the religious bodies so united shall have the like powers as are conferred on trustees under this Act, and no others ; and as to any act, deed or thing to be done or made by trustees under this Act which requires the sanction or assent of the congregation or religious body, the trustees under this section shall obtain the sanction or assent of each and every of the congregations or religious bodies so united, to be ascertain- ed and signified in the manner hereinbefore mentioned. 36 V. c. i35» s. 13. Conveyances executed within twelve months from zgth March, 1873, to be as valid as if registered within twelve months from execution, except in case of prior registries, 14. All deeds of conveyance executed before the 29th day of March, 1873, ^^r any of the uses, interests or purposes enumerat- ed therein, if the same were registered before the 30th of March, 1874, shall be as valid and effectual, as if registered within twelve months after the execution thereof respectively, except in so far as the same may be affected by the prior registration of other deeds or instruments relating to the same lands respectively : Proviso as to certain cases of adverse right. 2. But in all cases where any such religious bodies had not erected any buildings or made improvements, and any person kW i-¥*i m me su ■'•"O^i . - 4 »#-*»»\ _ ,.e» iM \. ■ like fjciwcri a& aie coo; •iuil obtuiu linf iiUiciu-rf* ui iis&jtu ot iijicb, ant) ',i '"rV^'if tT!t''^^''i' '''iy'l*h" .'".""^t 2''*'^*.' ' 7-^-jM*v " HANDY POOR"' OF THE SYNOD. 14S claiming to hold or to be entitled to any real estate or property included in any such deed on account of the omission to register the same, had, in virtue of such claim, taken possession of such real estate before the said 29th day of March, 1873, and also in all cases where the persons claiming to hold or to be entitled to such real property, on account of such omission as aforesaid, had actually sold or departed with, or had actually contracted to sell or depart with such real estate before the said date, the provis- ions of this section shall not extend to render invalid any right or title to such estate, but such right or title shall be taken and adjudged to be as if this Act had not been passed. 36 V. c. 135, s. 14. Conveyances to be registered within twelve months and subjected to the registry laws. 15. The trustees of any lands to which the provisions of this Act apply, shall, within twelve months after the execution of the deed of conveyance, cause the deed to be registered in the office of the Registrar of the County or other Registration Division in which the land is situate, or otherwise the same shall be void ; and further, such deed shall be subject to the law affecting priority of registration in the same manner as if made between private parties. 36. V. c. 135, s. 15. Trustees to exhibit accounts as to lands sold and leased. 16. Trustees selling or leasing land under the authority of this Act shall, on the first Monday in July in every year, have ready and open for the inspection of the congregation or religious body which they represent, or of any member thereof, a detailed statement showing the rents which accrued during the preceding year, and all sums of money whatever in their hands, for the use and benefit of the congregation or religious body, which were in any manner derived from the lands under their control or subject to their management, and also showing the application of any portion of the money which has been expended on behalf of the congregation or body. 36 V. c. 135, s. 16. Sec. I extended to Roman Catholic Churches. 1 7. All the rights and privileges conferred upon any religious society or congregation of Christians in the first section of this Act mentioned, shall extend, in every respect, to the Roman Catholic Church, to be exercised according to the government of the said Church. 36 V. c. 135, s. 17. r it '5 144 'HANDY ROOK" OF THE SYNOD. This Act not to affect special Acts as to relif^ious bodies. 1 8. This Act shall not be construed so as in anywise to repeal alter, affect or vary any of the provisions in any special Act con- tained with reference to any religious body or congregation of Christians in this Province, but, on the contrary, any of the said provisions, while differing from or inconsistent with any o" the provisions of this Act, shall prevail, and where any additional rights or privileges are conferred by this Act, these shall be con- strued as supplementary to the provisions contained in any such special Act ; and in every case the special trusts or powers of trustees contained in any deed, conveyance, or other instrument, shall not be affected or varied by any of the provisions of this Act. 36 V. c. 135, s 19. Powers of Religious Societies as to holding Land. 19. Any religious society or congregation of Christians in Ontario may, by the name thereof, or in that of trustees, from time to time take or hold, by gift, devise or bequest, any lands or tenements, or interests therein, if such gift, devise or bequest is made at least six months before the death of the person making the same, but the said religious society or congregation shall at no time take or hold by any gift, devise or bequest, so that the annual value of any lands or tenements or interests therein, so as to be taken or held by gift, devise or bequest, at any one time exceeds in the whole the sum of one thousand dollars ; and no lands or tenements or interests therein, acquired by gift, devise or bequest, shall be held by the said religious society or congre- gation for a longer period than seven years after the acquisition thereof; and within such period they shall respectively be abso- lutely disposed of by the said religious society or congregation, which shall have power in the name thereof, or in that of the trustees for said society or congregation, to grant and convey the said lands to any purchaser, so that it no longer retains any inter- est therein ; and the proceeds on such disposition shall be in- vested in public securities, municipal debentures, or other appro- ved securities, not including mortgages, for the use of the said society or congregation ; and such lands, tenements, or interests therein, or such thereof as have not, within the said period, been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns, 36 V. c. 135, s. 20. Uqu i;-. Kn t»*r l! ndbv U? A!> ''Hons JN>rrfTt"t'U?NJ^ m:x 1879. i •l-^ «\t\* • r- rt . - ^ » ^» — . ! nny < .. or V»tir ... " •V^ .... ... : J :>„ .„.,.,. r A. L^ . ^ A . i\ f^ ., ^ LaMui. hv \xnii» '• •'! J.J. .ioilArs* . sukI iiu :k» i.l»Ai H J» ■1. MO . n, ''HANDY ROOK" OF THE SYNOD. XII.— RELIGIOUS INSTITUTIONS ACT. 1878. la An Act to extend the Religious Institutions Act 0/ the Church of England in Ontario. [41 Vic, cap, 35) Ont. ; assented to 7th March, 1878. J Her Majesty, by and with the advice and consent of the Legis- lative Assembly of the Province of Ontario, enacts as follows : — The provisions of chapter 216 o/the Revised Statutes extended to the Church of En<;land. 1. All the rights, powers, and privileges, conferred upon any 'eligious society or congregation of Christians by the Revised Statute respecting the pro|)erty of religious institutions, are hereby declared to extend and apply to The Church of England in this Province, formerly or otherwise called The United Church of England and Ireland in Canada, or The United Church of England and Ireland in Upper Canada, or the Church of Eng- land in Upper Canada. How land may be sold or encumbered, consent required. 2. Provided always, that land shall not be sold, mortgaged, leased, or otherwise encumbered, under the powers conferred by the said Act, as extended or declared by this Act, except with the consent of the vestry of the church or congregation interested therein, and of the Bishop of the Diocese, and the Executive Committee of the Synod of the Diocese ; and it is hereby de- clared, that the consent or assent of the vestry, given in accord- ance with the rules and canons of the said Church, shall be deemed to be the consent or assent of the congregation within the meaning of the said Act and the execution of the deed by the Bishop, and by the Secretary or Secretaries of the Synod, or a memorandum of consent endorsed thereon and signed by them, shall, in favor of the grantee and his assigns, be conclusive evidence of the consent or assent of the Bishop and Executive Committee. XIII.— RELIGIOUS INSTITUTIONS ACT, 1879. An Act respecting the application of the Religious Institutions Act to the Church of England, [43 Vie, cap. 37, Ont. ; assented to March 11th, 1879. J Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: — ^ ! ; I U6 ''HANDY HOOK'' OF THE SVNOD. 41 V. c. 25 Amended. 1. The Act passed in the forty-first year of Her Majesty's reign, intituled "An Act to extend the Religious Institutions Act to the Church of England," is hereby amended by adding as sub- sections two and three to section one of the said Act the following : Parson, Incumbent and Churchwardens to be Trustees within the meaning of the A ct. 2. The Parson or other Incumbent of the Church for the time being and the churchwardens thereof, shall, for the purpose of this Act and of the said Revised Statute, be deemed and taken to be trustees within the meaning of the said Revised Statute, by whom the like rights and powers as trustees under the said Statute may be exercised, subject however to the provisions contained in the second section of the said Act hereby amended. Bishop, etc., to be Trustees under 3 V., c. 74, s. 16. 3. In cases within the sixteenth section of the Act passed in the third year of Her Majesty's reign, chapter seventy-four, and intituled "An Act to make provisions for the management of the Temporalities of the United Church of England and Ireland in this Province, &c.," the Bishop, or Parson, Rector or Incumbent, or any successor or other person in whom the legal title or estate is vested, by, from or under any of them, shall also be deemed and taken to be a trustee, by whom the like rights and powers of trustees, under the said Revised Statute respecting Religious Institutions, may be exercised equally, as in the case of such trustees, subject, however, to the provisions contained in the second section of the said Act hereby amended. XIV.— RELIGIOUS INSTITUTIONS ACT, 1882. An Act to amend the Act respecting the Property of Religious Institutions. [45 Vic, cap. 31, Ont. ; assented to March lOtb, 1882.] Her Majesty, by and with the advice and consent of the I^egislative Assembly of the Province of Ontario, enacts as follows :- R. S. O. Cap. 216 amended. I. The following sections shall be added to the Act respecting the property of Religious Institutions, as sections twenty and twenty-one thereof respectively : »' / .-.1 -. ■ ( •' 1 /' • I ■ &■ i \lt<- I **...#,# r .1.* l\ , ■ »i^tii'.»' I' 1 «*V'-«.i.i«" •i»>k.' c- h aj !»j u^ //♦.■^ •!- Ht^O^- s > V )« «■ '♦:i"r ." til'' < i,t t,, I •* .f '.• i; ,t f' 'I- ..^:. # ." ^ >' • ■ I 1> U 1 ■ • ' • H- ..'L .-! « /: .' .J ^><. ' -i .t; ?' "I' ■•.- .•4>- •f 'Vr .^ iKlU •■ i»;' -.r \- f -,li »' 11^1 I XVtJi -Uli, Ill ''HANDY BOOK'' OF THE SYNOD. Power to appoint joint Trustees. 147 20. Whenever any two or more different parcels of land adjoin- ing each other, or in the same neighbourhood, are held as sites for burial grounds by different bodies of trustees, whether of the same denomination, society, or congregation, or of different denominations, societies, or congregations of Christians, and such trustees think it desirable that for purposes of economic manage- ment, or any other reason, such parcels should be vested in one body of trustees, such two or more bodies of trustees, or the majority of each of such bodies, may, by deed under their hands, appoint trustees to whom and their successors to be appointed in such manner as may be specified in such deed, all or any of the lands vested in such appointing bodies of trustees as sites for burial grounds may be conveyed, and such trustees so by such deed appointed, and their successors in perpetual succession by the name expressed in the deed, may take, hold and possess the lands thereby or thereafter conveyed to them as a site or sites for a burial ground, and maintain and defend actions in law and equity for the protection thereof and of their property therein, and the said several appointing bodies of trustees may, in or by the same deed of appointment, or by any other deed or deeds, convey and assure all or any of the parcels of land so as aforesaid vested in them respectively to such trustees so appointed and their successors upon, with and subject to such trusts, powers, limitations and provisions not inconsistent with the purposes of a burial ground, as shall by the parties thereto be deemed proper. A ssent of Congregations required. 21. No such deed of appointment of trustees, and no such conveyance or assurance shall be made or executed by any body, or the majority of any body of trustees, unless or until the con- gregation or religious body for whose use the lands are held shall be duly notified thereof, and its assent obtained for the execution of such deed of appointment, or of such conveyance or assurance, and such assent shall be signified by the votes of a majority of the members present at a meeting of the congregation or body duly called for the purpose : (2) Such assent shall be held in favour of such new trustees and their successors to be testified by the execution of said deed by the chairman at such meeting, or by the official head of such religious body, or by some person appointed at such meeting for the purpose ; and the person assuming to execute said deed as chairman, official head, or appointee, shall be presumed to be such official chairman, head, or appointee (as the case may be). •WWr' '' HANDY BOOK" OF THE SYNOD. XV.— RELIGIOUS INSTITUTIONS ACT, 1886. An Act to amend the Act respecting the application of the Religions Institutions Act to the Church of England. 49 Vic, cap. 48, Ont ; aSBonted to 25th March, 1886. Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — I. The Act passed in the 41st year of Her Majesty's reign intituled An Act to extend the Religious Institutions Act to the Church of England, as amended by the Act passed in the 42nd year of Her Majesty's reign, chapter 37, is hereby amended by adding as sub-sections 4 and 5 to section i of the said Act the following : Property vested in the Bishop in trust. (4.) In cases of property vested in the Bishop of any Diocese in trust, not covered by the preceding sub-section, the Bishop shall also be deemed and taken to H-^ a trustee by whom the like powers of trustees under the sa" evised Statute respecting Religious Institutions may be exticised equally, as in the case of such trustees ; subject, however, to the provisions con- tained in section 2 of this Act. Property vested in the Synod in trust. (5.) In case of property vested in the Synod of any Diocese within the Act passed in the 7th year of Her Majesty's reign, chapter 68, intituled An Act to incorporate the Church Societies of the United Church of England and Ireland in the Dioceses of Quebec and Toronto, and the Act passed in the 32nd year of Her Majesty's reign, chapter 51, intituled An Act to incorporate the Synod of tJie Diocese of Toronto and to unite the Church Society of ike JDiocese of Toronto therewith, the Synod shall also be deemed and taken to be a Trustee, by whom the like rights and powers of Trustees under the said Revised Statute respecting Religious Institutions may be exercised equally, as in the case of such Trustees ; subject, however, to the provisions contained in section 2 of this Act, and the powers of the Synod under this sub-section may be exercised by and through such Boards and Committees as the Synod may, from time to time, by by-law appoint for that purpose. iH.H 'A, ■ L.' HI: jy:.\i^' ik-4 XV ■< ■l>'i k * \ U *\ « 'i f( -l ri 'J .' / ..* >- , .-. 'I- /'J • /• »f A (Hv- • ♦> 't 1 f • . > '. ♦ ' . t / .•'/ tn '>;,■■'• ■»;. T . H.'H I ..t .*■ J !• I UiiO , , . » . P' ■ • t -r :'\-> ft • ■•?;i -1. .,♦ ' 11 • •• ••t .f ».'"•■.. '. . ' .' »i TV...!i.l::. ..'IT t . T . , ,.-! I, r- . < M 'I I } •i , .(11 ''ir'' !''i' • ' ',. n'-i: ■ '■ .; '■'.-in'V: I', .iT .••..•.■■1 ■■-. ■ ;,: ^■f4;« vit^k f.'*f* H,» t' * *': • 1* ' * *•* • '■ ' ■ 1* ' V I', ',.-r 1 ,,-.if ■•■ r '■ •■■ I . ■» n- > • fc* ft i ^ t • * * I ': s, r t. i ' tl . 1 'IV|- dcinc P'i,v>: ••,:■•:■ '^ fii'.vv XC-A.f- \i I ;)iM' t>t ,• trie »• i'fit; !«♦ t •'rf- IM f)fi- THE y\ ^vyr ^■^-\-^'^,y\K ArT T 'i- in t' 'hi ■ Uiu'r^t <•' .■ic( :^' the 'hurch of O « U ,'>^. A.'u in ■tff. ;., "^r >T >'fi.;\ h" » . •( 1 !f.\;i,ri(i. .:i .... ''h. \ >.. .' /t.i t i /> ,1 v» * -<■ . U . ■ ■• S li' -ip » V' ■ T In. p . .» I I i;ji ^ n Ai <' **-;'.'.r ^'J n» . (!«• >f f-l» V *•- ■ , %»,f' ■» ■ * 1 if; I. ■( .ii'\ V.u. :.. . •iJ.--t:<. jc: ,Ab-.: •/,,.■ , .'1 . ..v. /.,..-. •» f >•»■ > f« ' tj 160 HANDY BOOK''' OF THE SYNOD. Minister t &c., on burying to make return of death, except on receipt of certificate from Registrar. 14. Every minister or other person who buries or performs any funeral or religious service for the burial of any dead body, unless he has received a certificate under the hand of the Reg- istrar of the Division in which the death took place, according to the Schedule D to this Act annexed, that the particulars of such death have been duly registered, shall make a return of such death according to Schedule C to this Act annexed, to the Registrar of the Division in which the death took place, within seven days after such burial. 39 V., c. 2, s. 8. Search of, and extracts from records — Evidence — Fees, 19. All persons shall be entitled, at all reasonable hours, to search these records, and to require and receive extracts duly certified by the Registrar-General or Inspector ; which extracts shall be evidence of the entry certified, and prima facie evidence in any Court of Law or Equity in this Province, of the facts therein stated ; and for every such certificate, the person so re- quiring the same shall pay a fee of fifty cents. 39 V., c. 2, s. 18. Penalty for false statements. 23. Any person who knowingly or wilfully makes or causes to be made any false statement touching any of the particulars required to be reported and entered under this Act, shall, upon conviction thereof before any Justice of the Peace, forfeit the sum of forty dollars. 39 V., c. 2, s. 19. Penalty for neglect to report. 24. If any householder, head of a family, clergyman, physician or other person or persons required by this Act to report births, marriages and deaths refuses or wilfully neglects to do so within the time named, such person shall, for each and every offence, forfeit and pay a sum not less than one dollar, nor more than twenty dollars and costs, in the discretion of the presiding Justice before whom the case is heard ; and it shall be the duty of the Division Registrar to prosecute all such persons so neglecting or refusing to make the required reports ; but if the return required by this Act to be made by more than one person is made by any one of such persons, the other of such persons shall not be liable to any penalty in respect of his default. 39 V., c. 2, s. 22. u'jixny /T'^-A-' fA •/■7*>* ^>^^■'P \z\ • .!••. ..,i.....;f. 1 ..\ \i^ • . \ .,(»;•.,■ V '.. J. i* •- . ..1" '."--. ■■■,•'.. .!■ . ■• • .••<■'. M I, >■■ ■■• . • ■' ', :■ :■' ;■, ,t ,., , I , •; ,r r . ' ,^: ••.. , ■ ■'■ :*!_ . t : ;... I>: r. ' . •: . I i'" .' i •- . ■.•»'':',' '■■, :■■,;.;.. 'i;'> :.>.•.; T '..■ i„ ; ..i ■.;.. .-;.,• .^ • i-.-^ '.t .: ■.. i;,::;: :: _v\. ;:^<-i; '1 ■ t-x. ■ ■• y ' '(.:!, ..'...■!, ,■ ' • 5. • •' 'I 1; .:i. 'j". ;'...: I 'I ..... I ( . •'; , ' , ,, I . \ •,. ^-^ f > r <»•■.••'!•■»•••■,•■.<-; J. 'I • ' t> I.I A I ,f 'fl M,i» >r , ■,..',■;" ...c '■.;., -....1^ ,, .-.■,■:.,•...'■ I . ;''' ' . ■.'■i' .<:^. .,. :. .^-C: -^ • '.; ^ •:">!" c I •■,;;' r' .-!. ■•; .'. ■'.II- I ■■ • ,\ii •■ ,'-:■• • ,r ;■. .1 , .. 1 i.<,' ..It. V suj ;!.^;. "■ ..'■-.. i !'.(.■. , ■,<' ■ !■■''■ . ■■9'.-] .v:-. 1 ' < ' t -.,:.. .:; v...:ii..,x!.- *.'■ ■■■■ \ - .In Ait to ,..■•::% :h /.^. .-,'> '■' ; '.., •,,■!• -, \'.^^ . f 'I >■!- . 'I V. V ,»,'>'•■ ■;> 'Hf Tw.) • r\ti..,.,, ,.n>-. colurAn :wc l<4tt.« >M (•tiiuy ' Ut^ili,. ill'Oi -ViK l> 1>1|. t' nrt'.f.'' t ■ I'M .i'*r'' ''■^'' • -"^i^-j*** •i • ft ' ■ • t , ^' 1 1 i< ;:>'.. (.1 V I •?. I *■ ♦-".•i* .■».»• ■ f#\^ / .' r '• ' > -».►•►■-•*« • r. .V! ni'-'t*'." •.''' '■'" '•""■''^ tals; .r.ii. > %i >i% «^ ~ ' .\..l. f I i 1 ■ j' ». .1 . 'tv'i?v r»'.'2''f"'t" ': i,-i •-•> wMr,";," • ! it^XK.ii -^t i%* "^ t r:-f T' .f (l.f; .» 'k.'iJ ■»• w. iiy 1 1 .'..-.< Jv of t><. fuJV tv Ifif- A':: ' ■»''•■ U.n; 'Iij..^ Ji -1'-' ^■^ 'llii'.'v. !.»>. ill! ^ ■ sht'Vt not tx* iiviH**' I '^i «> ?. i.J.. "HANDY ROOK"' OF THE SYNOD. XVII.— REGISTRATION OF DEATHS. Ifil An Act respecting t)xe Rc^hiration of Deaths. [42 Vic, cap. la, Out. ; a88ente After the expiration of two years next after the birth of any child, whether born before or after the passing of this Act, that birth shall not be registered except with the written authority of the Registrar-General, and the fact of such authority having been given shall be entered in the column set apart for remarks in schedule A. •;/ M. i ! ft I- I . I . 1 1. A / /l:. r / r, ■! --iiT.- ?•■ •' • « f ,« • < .t , •« .f , ti .,, II « 1 * \ \r^ ..i 'l' , :! .'". n .1:. ,1 . , II' .■"..vli,-;. ■ ,■• I . ' . 'i '. . '■< .■■■ • >,-.i t. !; '•: '• I Her .•tP't 't- ! i>! i.^i'.l. ii: r '■•> ' -> > I *•;?-;- fi; U 'le '"■•/) .(ii'Ti ^;''^ :u-ir\ ii;;;. t^j^.v ifj^ fj^rj, ''HANDY BOOK" OF THE SYNOD. 153 Provision for registration of death ajter expiration of two years. 5. After tlie expiration of two years next after any death, or after the finding of any dead body elsewhere than in a house, that death shall not be registered except with the written authority of the Registrar-General, and the fact of such authority being given shall be entered in the column set apart for remarks in schedule C. R. S. O., c. 36 s. 2/^, amended. 6. Section twenty-four of the said Act is hereby amended by adding the words " and such prosecution shall be commenced within two years after the time allowed for reporting sucli birth, marriage or death." Superintendent, &c., of ccw.tery to notify division re<^istrar in certain rases. — Penalty for neglect. 7. Every superintendent or caretaker of any cemetery or burial ground, whether public or private, permitting any dead body to be entered in the grounds over which he has charge, unless he receives a certificate under the hand of the division registrar of the division in which the death took place, that the particulars of such death have been duly registered, shall give to such division registrar within seven days after the burial a written notice under his hand, stating according to his knowledge, information and belief, the name and residence of the deceased and the date and place at which the death and burial took place. Any superintendent or caretaker neglecting or refusing to comply with this section, shall for each and every offence be liable to the penalties provided by the twenty- fourth section of the said Act respecting the Registration of Births, Marriages and Deaths, and the procedure for the recovery thereof shall be the same as is by said Act provided. This Act shall be read with and as part of the Act respecting the Registration of Births, Marriages and Deaths, and shall take effect from and after the passing thereof. XIX.— SOLEMNIZATION OF MARRIAGES. An Act respecting the Solemnization of Marriages. [Rev. Stat. Ontario, cap. 124.] (Such portions only of this Act are given as affect the Clergy.) Her Majesty, by and with the advice and consent of the !)t^ I y 154 ''HANDY BOOK" OF THE SYNOD. Legislative Assembly of the Province of Ontario, enacts as follows : — Minister of any denomifiation may solemnize marriage. 1. The ministers and clergymen of every church and religious denomination duly ordained or appointed according to the rights and ceremonies of the churches or denominations to which they respectively belong, and resident in Ontario, may, by virtue of such ordination or appointment, and according to the rights and usages of such churches or denominations respectively, solemnize the ceremony of marriage between any two persons not under a legal disqualification to contract such marriage. C, S. U. C. c. 72, s. I. No Minister to solemnize marriage unless authorized by license or certificate or after publication of banns. 2. No minister or clergyman shall celebrate the ceremony of marriage between any two persons, unless duly authorized so to do by license under the hand and seal of the Lieutenant-Governor, or his Deputy duly authorized in that behalf, or by a certificate under this Act, or unless the intention of the two persons to intermarry has been proclaimed once, openly, and in an audible voice, either in the church, chapel or meeting-house in which one of the parties has been in rhe habit of attending worship, or in some church, chapel, meeting-house, or place of public worship of the congregation or religious community with which the minis- ter or clergyman who performs the ceremony is connected, in the local municipality, parish, circuit or pastoral charge, where one of the parties has, for the space of fifteen days immediately, preceding, had his or her usual place of abode ; such proclamation to be on a Sunday, immediately before the service begins, or immediately after it ends, or at some intermediate part of the service. C. S. U. C. c. 72, s. 2; 37 V., c. 6, ss, 2 & 4, last part. See Rev. Stat., c. 13, s. 2. No valid objection that it was nnt in a church or chapel, &c. 15. It shall not be a valid objection to the legality of a marriage that the same was not solemnized in a consecrated church or chapel, or within any particular hours. C. S. U. C. c. 72, s. 3. Ministers marrying must give certificate if required — Fee for certificate. 1 6. Every clergyman or minister, who celebrates a marriage, shall, if required at the time of the marriage by either of the ^ l" .' ' / '■/V.- '■ )'X I ■'■ ■1. i:t ' f " 1.'/ •'• . ■ ! • • /:r . . .■ .'i ., 1 .■!'■;* : I'." . 'I; " ,;i:r ; ■V. >.. ,1,;.?.!, ;? '* , M,-: i I . i < I . , ■. .,.. I ,-• ' ► • ' r ' -t •' , ''■ I 4, I • ^ . >■ 1 'N ■ I -I .•• . J ; 1 1 L.rMiv, lit v.i* 'i^'.'ir'' !•/ 'Cit; 'in ..r^r -i :^ V rf I y.-t \ . i ,.;• 1/ t?if VM.t »i-^ ."**•• \\ Tf ►s.- »», <. t I.11.V. I if Oii^.. i> ii »{.r i'\ .M -i: .ikl;;J^ ' .v V.»<'rt r f ,j.»-. . I I • W »« ■ • ' .»' '. ' »> ;i > .! !■ i';i . / • L ' > r - f « '* ^ I" •■> I ''HANDY BOOK'' OF THE SYNOD. 166 parties thereto, give a certificate of the marriage, under his hand, specifying the names of the persons married, the time of the marriage, and the names of two or more persons who witnessed it, and specifying also whether the marriage was solemnized pursuant to license or certificate under this Act, or after publication of banns ; and the clergyman or minister may demand twenty-five cents for the certificate given by him from the person requiring it. C. S. U. C. c. 72, s. 4. Ministers to enter marriages in a hook, &c. — Form of record — Rev. Stat., c. 36. 17. Every clergyman and minister shall, immediately after he has solemnized a marriage, enter in a book, to be kept by him for the purpose, a true record of the marriage ; which record shall specify all the particulars given in Schedule B to T/ie Act respecting the Registration of Births, Marriages and Deaths. C. S. U. C. c.72, ss. 5. 6. Clerks of the Peace to furnish hooks and printed forms at the expense of the County. 18. The Clerk of the Peace of every County shall, at the expense of the County, from time to time on demand, furnish all clergymen or ministers with the books to be kept ; and such books shall have columns and headings printed on every page according to the form of said Schedule B ; and the books shall be of such size and form as to admit of the necessary entries being conven- iently made therein. C. S. U. C. c. 72, s. 13. Said hooks, S-c, to he the property of the church to which clergyman helongs. 19. The book by whomsoever furnished shall be the property of the church or denomination to which the clergyman or minister, clerk or secretary belongs at the time of the first marriage which he records therein. C. S. U. C. c 72, s. 14. License to protect minister from damages where he is unaware of the impediment. 21. No minister who performs any marriage ceremony after banns published, or after a license or a certificate under this Act issued, shall be subject to any action or liability for damages, or otherwise by reason of there having been any legal impediment to the marriage, unless, at the time when he performed the cere- mony, he was aware of the impediment. 37 V., c. 6, s. 10. i 1^8 ''HANDY BOOK'' OF THE SYNOD. XX.— VALIDITY OF ACTS' OF FOREIGN ORDAINED CLERGYMEN, 1865. An Act to establish the validity of A cts performed in Canada by certain Clergymen ordained in Foreign Parts, and for other purposes. [28 Vic, ch. 7; assented to 18th March, 1865.] Whereas, by the Third Section of an Act of the Imperial Parliament, passed in the twenty-sixth year of the Reign of His late Majesty King George the Third, intituled : "An Act to empower the Archbishop of Canterbury or the Archbishop of York, for the time being, to consecrate to the office of Bishop persons being subjects or citizens of countries out of His Majesty's Dominions," it was, in effect, enacted that no person or persons admitted to the order of Deacon or Priest, by any Bishop or Bishops so consecrated, /r by the successor or successors of any Bishop or Bishops so consecrated, should be thereby enabled to exercise his or their respective office or offices within His Majesty's dominions ; and whereas, from its having been apprehended that divers persons so admitted to such order of Deacon or Priest, had exercised their respective offices within divers British Colon- ies, and that the validity of their acts so performed, and even the power of Colonial Legislatures to give validity thereto, were doubtful, it was afterwards, in effect, enacted by another Act of the Imperial Parliament, passed in the Session held in the twenty- sixth and twenty-seventh years of her Majesty's Reign, intituled : "An Act to establish the validity of acts performed in Her Majes- ty's possessions abroad, by certain clergymen ordained in Foreign Parts, and to extend the powers of Colonial Legislatures with respect to such Clergymen," that the Legislature of any such Colony might authorize any such persons to exercise their respec- tive offices therein, anything in the aforesaid Act to the contrary notwithstanding ; and that all acts theretofore performed in any British Colony by any person having been admitted to the office of Priest or Deacon by any of suet Bishops as aforesaid, or of their successors, should be as valid and effectual at law, for all purposes whatever, as if such person had been so admitted by a Bishop or Bishops of the United Church of England and Ireland ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : Acts of persons ordained by Bishops in Foreign Parts, and who have obtained licenses from Bishops in the Province, to be valid. 1. Any persons admitted to the order of Priest or Deacon by "/rt \'/'r .'■ ',' ,7/> 5 l-.-V,'/ ' ■ M,' ^ny or -i';. " >, . t.i m ,()'• t|. |.,.t .«•..■. •• T.xt: Wivta/i (•'(-, r ■ .-vo I-"- t>i l»- 't!'*<' A-.x- I'.'i .•••''■:tr, 1-- r. ..! A. ■I- 1 .'.»•«• I ^' ■ I I I .lit", -n -,' I , i ■ •■'.I. ;.' . .' • 'i '■.(.•..•'■. •• !'■ ' : : ■ t '- ',;■ ; ■ * .;•■-;' r.. ■'.. . : I ,"" ; .1. P I ■i .i.;!; tliv ,v I, , 1 • . ; , . ', ,) ' 1,1 . ) .>A>iiU.'!l . .'. .i:ui Jit, u, t .1^f .1 • ?. C • ,' > • .!• "> ' * ■ , > •• ;?'•• < (riitV>r,f T T'/ .r .>,H<" J * t' ,«^f,./w /'i-ry'y ,1. \{ ; ' ^r- I t»» ■ .v;» ■{ •( i »- „•■ I : ( .' ' .'Ml". : ' ,. • 1 ■ til • •;< (J ■■,•:•. ••! .^ 1 1 I " 1 ) : I •\ J. ^(•4■ t .l.;i 1. T- -,:,;.'-,>,f, J : .>. u,-. t'.i.I 1 lit'. '-V> *x Lw .,.■. l-l. V I • /* • , I. • -••'•.• V * .1 t- ( * t it* 1,1. *vi'i', *r • V 'f f. ■; . ■■ J ■v r •'•"■ ;■' ■ =T r ■-'!:' - rtrt I ■ ,'--i'f n-t • ' '. ;V' --ill. •'*V;!r..t >1 • »»■/■'•" •» wt-* ')bii in the I. A«¥ ./!>:. >>'»^>. ;siju^.- ...: ../ 'J>c (^isJAi'j vt PfJcsi ar I>eacc*n by ''HANDY BOOK" OF THE SYNOD. m any of such Bishops as are mentioned in the said first recited Act, and having obtained the license to that end of the Bishop of any Diocese within this Province, of the United Church of England and Ireland, may exercise their respective offices as such within this Province ; and their acts so performed shall be as valid and effectual at law for all purposes whatever, as if such persons had been so admitted by a Bishop or Bishops of the United Church of England and Ireland. A cts heretofore performed by them declared valid. 2. All Acts heretofore performed within this Province by any person having been admitted to the order of Priest or Deacon by any of such Bishops as are mentioned in the said first recited Act, shall be as valid and effectual at law for all purposes what- ever, as if such person had been so admitted by a Bishop or Bishops of the United Church of England and Ireland. XXI.—COLONIAL AND OTHER CLERGY. An Act of the Imperial Parliament respecting Colonial and certain other Clergy, [37-38 Vict., Chap. 77, 7th August, 1874.] Whereas, by divers Acts of Parliament, certain disabilities are imposed on persons ordained by Bishops, not being Bishops of the United Church of England and Ireland ; And whereas, by an Act passed in the thirty-second and thirty- third years of Her present Majesty, chapter forty-two, it is enact- ed that the Union created by Act of Parliament, between the Churches of England and Ireland, shall be dissolved, and that enactments relating to the said United Church shall be read distributively in respect of the Church of England and the Church of Ireland ; And whereas it is desirable to amend the law respecting per- sons having been ordained by Bishops, not being Bishops of either of the said Separate Churches or of the said Church hereinafter collectively called " The Churches aforesaid ;" Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, as follows : — I. This Act may be cited as, " The Colonial Clergy Act, 1874." II. The enactments enumerated in Schedule A annexed to ::' -i 168 ''HANDY BOOK"' OF THE SYNOD, this Act, are repealed, but not so as to render invalid anything lawfully done in conformity with any of them. III. Except as hereinafter mentioned no person who has been or shall be ordained Priest or Deacon, as the case maybe, by any Bishop other than a Bishop of a Diocese in one of the Churches aforesaid, shall, unless he shall hold or have previously held preferment of a curacy in England, officiate as such Priest or Deacon in any Church or Chapel in England, without written permission from the Archbishop of the Province in which he pro- 'poses to officiate, and without also making and subscribing so much of the Declaration contained in " The Clerical Subscription Act, 1865," as follows, that is to say): "I assent to the thirty- " nine Articles of Religion and to the Book of Common Prayer, "and of the ordering of Bishops, Priests and Deacons. I believe *' the doctrine of the Church of England as therein set forth to " be agreeable to the Word of God ; and in Public Prayer and " Administration of the Sacraments, I, whilst ministering in Eng- " land, will use the form in the said Book prescribed and none " other, except so far as shall be ordered by lawful authority." IV. Except as hereinbefore mentioned, no person who has been or shall be ordained Priest or Deacon, as the case may be, by any Bishop other than a Bishop of a Diocese in one of the Churches aforesaid, shall be entitled as such Priest or Deacon to be admitted or instituted to any benefice or other ecclesiastical preferment in England, or to act as curate therein, without the previous consent in writing of the Bishop of the Diocese in which such preferment or curacy may be situate. V. Any person holding ecclesiastical preferment, or acting as curate in any Diocese in England, under the provisions of this Act, may, with the written consent of the Bishop of such Diocese, request the Archbishop of the Province to give him a license in writing under his hand and seal in the following form, that is to say : "To the Rev. A. B. " We, C, by Divine Providence, Archbishop of D., do hereby give you the said A. B. authority to exercise your office of Priest (or Deacon;, according to the provisions of an Act of the thirty- seventh and thirty-eighth years of Her present Majesty, intituled, 'An Act respecting Colonial and certain other Clergy.'" " Given under our hand and seal on the dav of C. (L. S.), D. And if the Archbishop shall think fit to issue such license, the ^:.:^'J•y v ; > •I • «■ \ . ' '• a Till \\' i'i- iV!»> f.. .J) .» ■•?'.'.•., 5i't' > ♦ J .*?) ! ii. -. .. ..,.'.1' iC '.'II. 3)' .1 r I" v.. C'.ur:-;- -^ ■■■•.,1!-': 1: '.. ;:.. : ^ ! . ' . , I i' 1 i ■ ; I ' '.r , ■' At !, ,•! i» ,!,.<■•■ ! ■•M. •:;«■■•'•:"."• T,, ■:.;'.■ V ■ :' {..■:■< ^h,.'" ; ..'-V •:,■ o;^' ■:,■.;;..!. ';,..■ . .,.., .i .i;iv : . .1 V m,.;. • ...j . ;,,:,,(„ Uili.i .„. ; . • .'■,.■■■ , (,' r . M ■, ■ ' - ij,. . . • < , , . I, t.C U ' < ^ '. I. ,'.•,.,-■'•, ^ ' ■■« V :■ ■ , * M ; y ■ , • '• •• •'• '• • -•- ^ ,',:;.. ; • , ' » I • I .. ■ ' 1 M> A Ti • • ■ -. . • ' I ■ (■!'■, I ■ . i . ■ I .... • .' : 'r> ... ....■i.-r '..'■. 1 ■ •! < , • • I > ' I • < ^i ii,«,*'» It*'"'.""' '••'11 '•■"•' "l.T.'' .; Cv-'i, I« n '■ '■ .■' i' '■. • ■;','"■' 1 ' 1^ ., ^ , ,- ■ , .1 t •■. xt. <, ( ' ''I ..'.. ,-l\^' ■ .Ik *- • '1 1 - ' r)-^ ' • »•■.■- : ./. -f vtv>:i .,: 1,-'; .\.,.. uumisary »■ \ ' 't I Ml .•..lid .'4' nr F., ..,< > I • « •''•oti. •.»!«! ' IfcC I t. f r-,''i T'' '.■'■' '1 •! ni:';,' ,'.''.!' .<••'.'. : •! ,(• Ml' ,.i , k'. :i*"i-., ••• 'li.'.M.if wiji l'» t'^r 'Jn'iv M ',',-) > r;i ' 'i- ;. V " '.-► TCJ^ I ' v» ( t( • :ii ..I ■ \ \ ilii '!'r < ' -, I a -(;• 1 'i. ■ ,,>,1I4 if. •■< r ... 't, I" . K. l<,f.»i ■!!'. 4.- wK, i ,ri<:- t 'k' ,i! ,i>i.V;-. i; ■-ivMliJ. .(■ Ml ■ i-S** .1 •.'. i ■, '■ r,.,.-- '--'i.., ! I*.. '.^t •'t .^M • <:i, ■>« tnif vMi ,!,.( ■ < . ■.r.'"' ?::■?£ r,r. tuili uU:i'.'. .^iiliV, L ic» " IIANPY HOOK" OF THE SYNOD. 169 same shall be registered in the Registry of the I'rovince, and the person receiving the license shall thenceforth possess all such rights and advantages, and be subject to all such duties and liabilities, as he would have possessed and been subject to, if he had been ordained by the Hishop of a Diocese in I'jigland ; Pro- vided that no such license shall be issued to any person, who has not held ecclesiastical preferment, or acted as curate for a period or periods exceeding in the aggregate two years. VI. All appointments, admissions, institutions, or inductions to ecclesiastical preferment in England, and all appointments to act as curate therein, which shall hereafter be made, contrary to the provisions of this Act, shall be null and void. VII. If any person shall officiate as priest or Deacon in any Church or Chapel in England contrary to the jjrovisions of this Act, or if any liishop, not being Hishop of a Diocese in England, shall perform episcoj^al functions in any such Church or Chapel, without the consent in writing of the Hishop of the Diocese, in which such Church or Chapel is situate, he shall, for every such offence, forfeit and pay the sum of ten pounds, to the Governors of Queen Anne's Bounty, to be recovered by action brought with- in six months after the commission of such offense by the Treasurer of the said Bounty in one of Her Majesty's Superior Courts of Common [.aw, and the incumbent or curate of any Church or Chapel, who shall knowingly allow such offense to be committed therein, shall be subject to a like penalty, to be re- covered in the same manner. VIII. Any person ordained a Priest or Deacon, in pursuance of such request and commission as are mentioned in an .'Vet of the fifteenth and sixteenth years of Her present Majesty, chapter fifty-two, shall, for the purposes of this Act, be deemed to have been so ordained by the Bishop of a Diocese in England, and it shall not be necessary that the Bishop, to whom such commission shall have been given, should have exercised his office within Her Majesty's dominions, or by virtue of Her Majesty's Royal Letters Patent; Provided that such Bishop be a Bishop in communion with the Church of England, and such commission shall not become void by the death of the grantor until after seven days ; Provided always that any such act of ordination by any such Bishop, as aforesaid, shall be subject to the same laws and pro- visions as to the titles, and as to the oaths and subscrii)tions of the persons to be ordained, and as to the registration of such Act, as if it had been performed by the Bishop of the Diocese, and that the letters of orders of any persons so ordained by any such Bishop shall be issued in the name of, and be subscribed with the signature of such Bishop as Commissary of the Bishop of I i 160 ''HANDY BOOK'' OF THE SYNOD. the Diocese, and shall be sealed with the seal of the Bishop of such Diocese. IX. Any person ordained a Deacon or Priest, under the pro- visions of an Act of the second session of the twenty-fourth year of King George the Third, chapter thirty-five, or under the first section of an Act of the fifty-ninth year of King George the Third, chapter sixty, shall be subject to the provisions contained in this Act. X. No admission, institution, induction or appointment to any benefice or other ecclesiastical preferment within Her Majesty's dominions, nor any appointment to act as curate therein, nor any ministerial act performed by any person as Priest or Deacon of any of the Churches aforesaid, shall be or be deemed to have been invalid at law by reason of its contrariety to any of the en- actments set forth in Schedule B to this Act annexed, unless its validity shall be inconsistent with the validity of some Act, matter or thing lawfully done before the passing of this Act. XI. Nothing in this Act contained shall alter or affect any of the provisions of an Act of the twenty-seventh and twenty.eighth years of Her present Majesty, chapter ninety-four, intituled *' An Act to remove disabilities affecting the Bishops and Clergy of the Protestant Episcopal Church in Scotland." XII. It shall be lawful for the Archbishop of Canterbury or the Archbishop of York, for the time being, in consecrating any person to the office of Bishop, for the purpose of exercising episcopal functions elsewhere than in England, to dispense, if he think fit, with the oath of due obedience to the Archbishop. XIII. Nothing contained in an Act of the fifty-third year of King George the Third, chapter one hundred and fifty-five, or in an Act of the third and fourth years of King William the Fourth, chapter eighty-five, or in any letters-patent issued as mentioned in the said Acts or either of them, shall prevent any person, who shall be or shall have been Bishop of any Diocese in India, from ])erforming episcopal functions not extending to the exercise of jurisdiction in any Diocese or reputed Diocese at the request of the Bishop thereof. XIV. In this Act, the word "bishop" shall, when not incon- sistent with the context, include Archbishop ; the words "bishop" and "archbishop," in the matter of "permission" and "consent," and of "consent and license," shall include the lawful commissary of a Bishop or an Archbishop ; the word "England" shall include the Isle of Man and the Channel Islands ; and the term "church or chapel" shall mean Church or Chapel subject to the ecclesias- tical law of the Church of England. of ro- ;ar rst rd, lis ny y's of ve n- ts er of :h n le )r 'y g e )f n 1, d f f V-, (30NTGNTS. PART 1. PA f^ If The Officers of the Synod to 1885, inclusive The Act of Incorporation of the Synod The Declaration of the Synod I The Constitution of the Synod The Rules of Order of the Synod Canons : 1. On the Widows' and Orphans' Fund 27 2. On the Discipline of the Clergy 3- On Selling and Mortgaging Church Property .....' 37 Hy-Laws: 1. On the Clergy Corn-nutation Trust Fund ,q 2. On the Mission Fund 3- On Vestries in Free Churches '^^ 4. On Missionary Meetings o Resolutions : I. Hespecting the Financial Year -^ 2- " a Church Hymn Book ,q 3* " Offertory at Fvening Service rg 4- " Christmas Offertory .".'.".*.,.. cq 5- " Division of Toronto Diocesan Funds ci ^' " ^he Church Temporalities Act ^2 7* " the Episcopal P:ndowment Fund ;^ ** " Apportionment '-. 9- " the Diocese of Algoma -- '°' " Quarterly and Special Collections 59 "• " Additional Missionary Work rg "• " a Diocesan Church Library rg '•^" " the Endowment of Parishes gg '4' " the Divinity Students' Fund (^ '5- " Exchanges between Dioceses go '^" " Religious teaching of the young 61 '7- " Reports from Missionaries 53 ^^' " Temperance g 19- '• Fees 62 2°' " a Diocesan Conference. . . 5^ ii. TAFiLE OF CONTENTS. PAGE 21. Respecting the Reading of the Minutes 63 22. " Churches and Parsonages 63 23. " Travelling Expenses 64 24. " Parishioners removing 64 25. " a Day of Intercession 64 26. " Marriage with Deceased Wife's Sister 64 27. " Occasional Prayers 64 28. " Uniformity of Practice with regard to marriages 64 29. " the Widows' and Orphans' Fund 65 30. " the Perpetual Diaconate 66 31. " a Map of the Diocese ...... 68 3a. " the Bible in the Public Schools 68 33. " Claim on the Toronto Episcopal Endowment Fund 68 34. " the Central Board of Domestic Missions 69 35. " Uniformity in Public Worship 70 36. " the Sustentation Fund 70 37. " Trinity College Endowment 72 38. " Society of the Treasury of God 72 PART II. Provincial Synod. 1. Declaration of British North American Bishops 73 2. Declaration of Canadian Bishops 81 3. Constitution of the Provincial Synod 83 4. Permanent Order of Proceedings of Provincial Synod 86 5 Order of Proceedings of the Lower Mouse 87 6. Rules of Order 87 7. Canons or the Provincial Synod. 1. Election of the Metropolitan Bishop 91 2. Declaration of Submission to Canons 92 3. Powers of the Metropolitan 92 4. Trial of a Bishop 92 5. Court of Appeal of the Metropolitan 96 6. Ministering in Parishes 97 7. Letters Testimonial 98 8. Episcopal Resignations 98 9. Sub-division of Dioceses 98 10. The Officiating of Strange Clergymen in a Diocese 99 1 1 . Missionary Bishops 99 12. Altering the order of the Public Service 100 Shortened form of Morning Prayer 102 " " livening " 105 ■ > ; : >• fi' . . »K 1 3- V ' ^ lGE ' , 63 v>. .,\ll i-'a'T.',.: l1' ii- .i';.:ii' ■ . '•-'V-'v *>-. .k -i:. i '. . n.: «i4 «. i'*i. 63 • .f . -"•■■, • .''.-■ ', , 1 , 1 ».'-'» , . s 64 •> , ' J •*'■;■». 1 1 ,\' '; I I 64 , / \-i , . s • . ■ •■, *' ^ 1 » i t'»i..^. (' / 64 *?■ :.l: V I.,-. ■■.■ , 1 t • 64 ' 1 " .,ii 1 4' 64 « .1. ■■ . - . ■'■ .* '' ' T, ' ■*' ,■ 1 6s t 66 68 •, ' - i * 68 .\ ■*. ,. ., ,.•^. . 68 »',. .■.,.-..- ■ ... ,. ■ J , I ,* i 69 •f* I - "',. .' ., - ; - »'i i:». \. i 'A : 70 , :- •• M •'■•',- ,■". .' • . ■ 1 !■ ■ ■■'•.r. . 70 i V.„s, »•• •••. 'VI' •■' ' ' '■t^tn*-* ', ■ I'i ::• 1 .:i 72 , t -.**'■ ■'■. ■ -.:.-, i . I.I' • > I )* 92 92 96 97 98 98 98 99 09 00 02 OS }'''''i''i:t- !;- 3r, Si, If. ".■'•■I'. "Ml ii v;- f ; J-**'! * "-^ • ' ^"'/..^ ;•;.■{(■■<;. '■'■;''•' =" •- •• wilClM 1,4 •/.,. ^, / ■V' lyt ;■«<;- a. .<. ,.:v,..4 4- a; 4* 1 ;\..v. ^■•Vft.Mltt.; ><»< I,' 6X .'tj I. 2. 3- 4- S- 6. 7- 8. 9- lO. II. 12. «3- 14. '5- 16. 17. 18. 19. 20. 21. »3- 14. '5- 16. «7- 18. '9- 20. TABLE OF CONTENTS. j- o!lh?ln ?V", " "''''"" '° ^'^y" ^'^"'^ ^"'l Scriptures. . "X" Oaths and Subscription of the Clergy Consecration of a Hishop '°'' Marriages within Prohibited Degrees '°^ Lay Readers ' " The Diaconate ' " Domestic and Foreign Missionary Society "^ Representation of the Diocese of Algoma ....!.'.. ^ ^ ' " PART in. Acts of Parliament. The Church Temporalities Act, 1841 The Church Temporalities Amendment" Act, 1866 Diocesan and Provincial Synods Act, 1856. Diocesan Synod Amendment Act, 1858. Church Society Incorporation Act, 1844 Church Society Amendment Act, 1865 An Act Respecting Rectories Rectory Land Sales Act, 1866 . . . . . Rectory Land Sales Amendment Act, 1866 Rectory Land Sales Amendment Act, 1876 Religious Institutions Act, 1877 Religious Institutions Act, 1878 Religious Institutions Act, 1879 Religious Institutions Act, 1882 ...... Religious Institutions Act, 1886. . Registration of Births, Marriages and Deaths Registration of Deaths Registration of Births, Mam'ages and Deaihs; Amendment Aci' Solemnization of Marriages . . . ' Validity of Acts of Foreign Ordained Clergymen Colonial and other Clergy H7 123 126 127 132 «33 '34 '36 '37 '38 '45 '45 146 148 '49 '51 '5' '53 156 '57