Muscellaneous
CONFIDENTIAL.
PUBLIC RECORD OFFICE
Reference -
1.TTIC.O.
· 885
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
Sir,
Doctors' Commons,
February 28, 1856.
WE are honoured with Mr. Merivale's letter of the 10th January ultimo, stating that he was directed to refer us to the letter which we addressed to Sir William Molesworth on the 17th of August last, respecting the Act of the Legislature of Victoria “to enable the Bishops, Clergy, and Laity of the United Church of England and Ireland in Victoria, to provide for the regulation of the affairs of the said Church," and to request that we would report our further opinion on certain questions con- nected with the subject. That in our former letter serious objections were stated to Her Majesty being advised to assent to the Act in question; but it was stated at the same time that ** such objections were rather of a constitutional than a legal character."
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Mr. Merivale also states that he was directed to ask whether, in our opinion, the provisions of the Act in question would acquire legal validity if the assent of the Crown was given thereto; and in particular whether Members of the Licensed Clergy and Laity, meeting in Assembly in the manner provided by Section of the Act, or the Bishop presiding thereat, would be liable to any legal penalty? Also, whether if any Commission, esta- blished under Section 3 of the Act, were to impose the penalty of suspension from a benefice under Section 3, the clergyman so suspended would have any legal remedy against the members of the Com- mission or the Bishop on account of the invalidity of the Act ?
Mr. Merivale was also pleased to annex the Act of the Legislature of New South Wales, 8 Wm. IV, No. 5,40f which Victoria at that time formed part), "to regulate the temporal affairs of Churches and
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Chapels of the United Church of England and Ireland," in case we should be of opinion that its provisions have any bearing on these questions.
In obedience to your commands we have the honour to report, that we are of opinion that the provisions of the Act will acquire legal validity if the assent of the Crown were given thereto; and that neither members of the licensed clergy and laity meeting in assembly in the manner provided by Section 1 of the Act, nor the Bishop presiding thereat, would be liable to any legal penalty.
Commission We are further of opinion that if any established under Section 3 of the Act were to impose the penalty of suspension from a benefice under Section 3, the clergyman so suspended would not have any legal remedy against the members of the Commission or the Bishop on account of the invalidity of the Act.
(Signed)
J. D. HARDING.
A. E. COCKBURN. RICHARD BETHELL.