9978.
PUBLIC RECORD OFFICE
Reference:
CO. 885
MY LORD,
No. 148.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 14th August 1877. We were honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 5th of March last, stating that he was directed by your Lordship to submit the following case for our opinion.
2. That provision for the clergy of the Church of England in Jamaica was made during a period of about 200 years by a series of Acts of the Colonial Legislature, See pages some of them of a periodical character, which were continued or re-enacted from time 10-13 of to time as occasion arose.
annexed Par.
3. That the Act 14 George III. cap. 13. s. 1. provided for the erection of parsonages Paper.
by the parish authorities at the charge of the parishes, which was made compulsory by the Act 38 George III, cap. 24. 8. 4.
4. That the Act 4 William IV. cap. 31. 8. 29., after reciting that many of the parsonage houses were situated at considerable distances from the parochial churches, or were not adapted for the residènce of the rector, and that the glebes were sterile and useless, proceeded to enable the parish authorities, with the consent of the bishop and of the incumbent, to sell such parsonages and glebes and to provide other par- sonages and glebes, or to give an equivalent in lieu thereof, until such new parsonages and glebes were provided, or to give a consideration in money in lieu of a glebe and parsonage house whenever circumstances might render the residence of the rector in his parsonage objectionable, or in parishes which did not possess a parsonage and glebe.
5. That the provisions of 4 William IV. cap. 31. s. 29. were repeated in the statute 9 Vict. cap. 33. 8. 21, and again in 3 Vict. cap. 60. s. 29.
6. That by the Colonial Act 22 Vict. cap. 23. s. 58. it was enacted that the rectors therein specified should be entitled to receive, in addition to their stipends as rectors, under warrant of the Governor the sums therein specified in compensation (amongst other things) for glebe and parsonage house.
7. That the Colonial Act 22 Vict. cap. 23., which was the last of the before-men- tioned periodical Acts, expired on the 31st of December 1869.
8. That before that date it was decided by Her Majesty's late Government that all provision from the public revenue for the clergy of the Church of England in Jamaica should be discontinued, except what might be required for the payment of the stipends of existing incumbents, who, considering the quasi-permanency of the Ecclesiastical establishment, might be regarded as having a vested right thereto.
9. That according to the Colonial Law No. 30 of 1870, "To regulate the gradual Page 19 of disendowment of the Church of England in Jamaica, and for other purposes," pro- anexed Par. vision was made (s. 9.) for the payment of the stipends of existing incumbents during Paper. their incumbency. That by s. 6. it was made lawful for the Governor to vest the church and its site and the rectory house or curate's house, if any, and the lands and glebe, if any, attached thereto belonging to any rectory, island curacy, or stipendiary curacy in a body of trustees to be created, and which was afterwards created under 3. 5., but no provision was made respecting the compensation allowances in lieu of former glebes and parsonages, and which would seem to have lapsed by the termina- tion of the Colonial Act 22 Vict. c. 23. in the previous year.
10. That in these circumstances the Bishop and Diocesan Council have represented that by arrangement between the parish authorities and the incumbents, as provided for in 4 William IV. cap. 31. s. 29., and in subsequent enactments, the parsonages appertaining to certain parishes were sold in former years, and that certain annual allowances were granted in lieu thereof by the Colonial Act 22 Vict. cap. 23. s. 58.
11. That the Bishop and Diocesan Council proceeded to request that these allowances or their capital_value might on the demise of the respective incumbents be conveyed to the Church Trustees, in like manner as glebes and parsonages under s. 6 of the Law No. 30 of 1870.
12. That the Attorney-General of Jamaica having reported favourably to that request, the Governor had proposed, subject to due inquiry into the circumstances of
▲ 12916.-144. 25.-12/84.
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
12 PUBLIC RECORD OFFICE, LONDON