PUBLIC RECORD OFFICE
C.O.
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PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO |
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is absent for three months in a year without the consent of the Bishop, and without appointing a substitute duly licensed by the Bishop, he shull forfeit 1201. If he absents himself for more than two years, including his original leave, the Bishop may recommend the Governor to fill up the living.
Clause XIX. No Rector or Curate is to open any house for public worship without the consent of the Bishop, to whom a licensing power is given by Clause LH.
Clause XXVIII. No Minister of the Established Church, except the Rectors and Curates of the several parishes appointed by the Governor, can take charge of any congregation, or officiate in any consecrated or licensed place of worship without the license of the Bishop
Clause XXXI. Whenever it shall appear to the satisfaction of the Bishop, upon process and proof had and sentence pronounced according to the course and practice of the Ecclesiastical Courts," that a Rector or Curate is unable from age or infirmity to perform his duties, the Bishop may call upon him to provide for the duties, or on failure the Bishop himself may do so, assigning to the Curate a portion of the Rector's stipend.
Clause XXXIH. In every parish where an Island Curate or a Stipendiary Curate is employed, neither the Bishop nor the Rector can impose upon the Island Curate the duties belonging to his Stipendiary Curate.
Clause XXXIV. Any Clergyman in deacon's orders appointed a Curate and not admitted into priest's orders in two years, to be removed from his appointment.
Clause LX. Nothing in the Act is to affect the jurisdiction of the Supreme Court touching the Bishop or any other persons. on matters mentioned
in this Act.
In the beginning of 1855, Sir II. Barkly intro- duced a Bill for amending the above Act, more especially with reference to leave of absence to clergymen. The following is an extract from his despatch,* sending home a copy of the Bill:- "I feel bound to state, that since the establish- ment of direct episcopal superintendence, the Clergy of this diocese have attained a high standard of zeul piety, and learning, and though among the twenty.
16th June, 1855,
No. 65.
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two Rectors and fifty Curates of the Island establishment, or the twenty additional Clergymen whom the Bishop is enabled to assist by the grants from the Consolidated Fund and the Society for
the Propagation of the Gospel, there may be exceptions by whom duties are neglected and worldly considerations allowed to outweigh the Interests of their sacred calling, the fault, in my humble opinion, lies not so much with the autho- rities as with the Legislature, which has provided
no proper checks to restrain such less conscientious and scrupulous individuals.
"Under this impression, though in the absence of the Bishop reluctant to legislate on such a subject, I assented to a suggestion of the Vicar- General's, who it is but justice to state has evinced anxiety to do what lay in his power to remedy or repress the scandals brought to light by the press, and agreed that Bill to amend the Clergy Act of 1846 should be prepared by himself and the Bishop's Secretary, both originally educated for the law, and introduced under the auspices of the Executive Committee, and it was subsequently settled that the amendments aimed at should be:-
"1. The better securing the residence of Clergy-
men in the districts assigned them;
"2. The better enforcing their performance of
the services of the Church and other public duties; "3. The prevention of their absence from their parishes or districts on insufficient grounds, or for
an unreasonably long period;
"4. The making provision for the discharge of their duties by substitutes during periods of illness or absence;
On all which points the existing Act has excellent provisions, but no adequate means for their enforce- ment.
"The Bill which I have now the honour to submit was accordingly brought into and carried through the Assembly without any opposition to the prin- · ciples on which it is founded, though some of its details were altered, the power of appointing Chapel Wardens being struck out, and the regulations regarding absence rendered much more stringent.
“On reaching the Legislative Council, however, its progress was arrested by the Chief Justice (whose