14,342.
PUBLIC RECORD OFFICE
C.O.
Reference:
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 119.
(ANTIGUA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 2nd December 1876. We were honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 3rd of November, stating that he was directed by your Lordship to transmit
to us copy of a Despatch from the Governor of Antigua and enclosures relative to a claim Governor, No. to have the churches and rectory of the parish of St. Mary kept in repair at the public ember 1870. expense during the incumbency of the present rector.
2. That he was also to transmit to us a copy of the Act referred to in Act General, 29t No. 11 of 1873 as Act No. 161.
"
245, 30th Bep- Archdeacon Read, sth June. Act. Attorney. August. Chief Justice, Chief Justice, 20th September.
Act No. 11 of 1873.
th September. Act No. 7 of 1975.
Act No. 161.
3. That by sec. 22 of Act No. 161 it was enacted that "It shall be lawful for the vestry, or the major part of them, of each parish to assess a tax upon property "within the parish for the maintenance of the minister and for erecting convenient Act No. 1 of 1873. "churches and chapels, and the repairing such as are already made, and the making "seats and pews in them, and the defraying other parochial incumbent charges."
That this provision had been in operation ever since the Act of 1692, which was amongst the Acts repealed by Act No. 161. That the tax was to be paid to the Treasurer of the Colony (s. 24), who was to pay salaries and other parochial incumbent charges (s. 35). That by sec. 37 of the same Act it was enacted that "all lands, tenements, and hereditamente now vested in or belonging to any rector, vestry, or "churchwardens of any parish shall continue vested in such rector, vestry, or church- wardens, and his or their successors for the use or purpose for which the same are now vested in such rector, vestry, or churchwardens respectively."
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4. That by sec. 1 of the Disestablishment and Disendowment Act No. 7 of 1873, it was enacted "from and after the coming into operation of this Act the Church of England in this presidency and its dependencies shall cease to be an established church, and saving the rights of the existing rectors and the existing minister of All Saints "no salary shall be provided or paid from the public revenue to any rector, parish
clerk, organist, sexton, or other subordinate official of the said Church."
That by sec. 9 of the same Act provision was made for vesting in the corporate body provided for by sec. 6 "upon the like trusts as the same are now held the church or chapel and "the site thereof and the rectory or curate's house, if any, and the lands and glebe, if any attached thereto, belonging to any rectory, island, curacy, or stipendiary
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curacy, together with all the plate, vestments, and other furniture and fittings in the respective parish churches and chapels of the presidency, but subject to the interest therein of any existing rector or incumbent.”
That by sec. 10 of the same Act provision was made for the payment out of the public treasury of the salaries of the existing incumbents. That this Act was passed in October 1873, but in pursuance of the concluding clause was not brought into operation before the 20th of August 1874.
5. That by the Act No. 11 of 1873 the Act No. 161 was repealed, and in lieu of the vestry rates provided for by the last-named Act uniform rates on lands and houses were imposed by the Act No. 12 of 1873, and appropriated thereby to "the annual cost as provided by law of the Ecclesiastical establishments of this island" (sec. 2).
6. That the Acts 11 and 12 of 1873 were passed and proclaimed pari passu in December 1873, but the public having been given to understand that the churches should be thoroughly repaired before the disendowment began to take effect they were, in pursuance of the concluding clause of each, not brought into operation till December 1874, in order to enable the vestries in the meantime to make provision for that purpose under the Act No. 161.
7. That the Act 11 of 1873 was thus brought into operation on the 3rd of December 1874, and not as supposed by the Chief Justice on the 17th of December 1873. That in like manner the Act 12 of 1873 was brought into operation on the 10th of December 1874, and seven days later than, instead of, as supposed by the Chief Justice, on the same day as, the Act 11 of 1873.
8. That it appeared that advantage was not taken of this delay by the vestry to make provision for the repair of the churches of the parish of St. Mary, and the rector
▲ 12916-118. 25-12/84.