CO885(2-3) — Page 266

No. 4.

PUBLIC RECORD OFFICE

Reference -

1 TTC.O.885

12

in foro domestico, which ought not to be liable to be reviewed on appeal by the Judicial Committee of the Privy Council.

August 8, 1865.

(Signed)

No. 4.

HENRY SEWELL.

Cory of a LETTER from the Law OFFICERS OF THE CROWN to the Right Hon. EDWARD CARDWELL, M.P.

SIR,

Lincoln's Inn, November 10, 1865.

WE are honoured with your commands signified in Sir Frederic Rogers' letter of the 27th of October ultimo, stating that he was directed by you, Sir, to transmit to us the inclosed copy of a despatch from the Governor of New Zealand, accompanied by a petition from the Anglican Bishops in New Zealand, and a Memorandum by the Colonial Ministers.

Sir Frederic Rogers was also pleased to state that the Petitioners pray :→→ 1. That they may be allowed to surrender their Letters Patent.

2. That the Royal Mandates under which they were consecrated may be declared to have been merely the authority for their conserration, and to have, no further effect.

3. That the power may be recognized in thent of consecrating Bishops in the manner described.

Sir Frederic Rogers was further pleased to state that he was directed by you. Sir, to request that we would favour you with our opinion, whether there is any objection in point of law to an acquiescence in the prayer of the Petitioners, and if not, what legal steps would be necessary to give it effect.

In obedience to your commands we have taken this matter into considera- tion, and have the bonour to report—

That before we express an opinion upon the very grave and important question submitted to us, we should be glad to be informed whether any Statutes or Ordinances have been passed by the Legislature in New Zealand relative to Bishops in that Colony created by Her Majesty's Letters Patent, and if so, to be furnished with copies of such statutes. We are not aware of any Act of the Imperial Legislature relative to the Bishoprie of New Zealand, except the 15 and 16 Vict., cap. 88, the effect of which will of course be taken into our consideration.

We have, &c. (Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE,

The Right Hon. Edward Cardwell, M.P..

&e.

SIR

&e.

&c.

No. 5.

Copy of a LEETER from Sir FREDERIC ROGERS, Bart., to the ATTORNEY

GENERAL.

Downing Street, December 22, 1865.

AM directed by Mr. Secretary Cardwell to acknowledge the receipt of the letter from yourself and the Solicitor-General and Queen's "Advocate dated the 10th ultimo, in which you request to be informed whether any Statutes or Ordinances have been passed by the Legislature of New Zealand relative to Bishops in that Colony created by Her Majesty's Letters Patent.

In reply, I am to transmit to you a copy of the "

Bishop of New Zealand's Trust Act," passed by the Legislature in 1858, which is referred to in the Petition from the Bishops now under your consideration; and at the same time to states that no other Local Act has been discovered relating the Bishopries of New Zealand.

•

Smilar letters were addreisell to the Solicitor-General and the Queen's Advocate

13

Mr. Card well desires me to forward to you a copy of the letter he addressed to the Archbishop of Canterbury, sending him a copy of this Petition, together with a copy of the letter received from his Grace in reply.

The Attorney-General.

I have, &c. (Signed) FREDERIC ROGERS.

Inclosure 1 in No. 5.

AN ACT to authorize the Bishop of New Zealand to convey certain Heredita- ments and Premises to Trustees, to be appointed in that behalf by the General Synod of the Church of England in New Zealand.

[July 3, 1858.]

(No. 17)

WHEREAS at a General Conference, held at Auckland on the 13th day

Incl. in No. 5.

of June, in the year of our Lord 1857, the Bishops and certain of the Clergy Preamble. and Laity representing a numerous body of the Members of the United Church of England and Ireland in the Colony of New Zealand, agreed to a Constitution

for associating together as a Branch of the United Church of England and Ireland the members of the said Church in the said Colony, and for establishing a General Synod for the management of the affairs of such Branch of the said Church. And whereas it is provided by the said Constitution that the General Synod so established, may appoint Trustees for the management of the real and personal estate of or belonging to, or held in trust for, such branch of the said Church:

And whereas certain allotments or parcels of land, hereditaments, and premises have from time to time been granted, conveyed, or assured unto George Augustus, Bishop of New Zealand, and his successors, Bishops of New Zealand; and the same are held by him in trust for certain religious educational, charitable, or other purposes expressed and declared of and concerning the said hereditaments and premises, in or endorsed upon the deeds of conveyance respectively granting or assuring the same:

And whereas the said Bishop of New Zealand is desirous of being divested of the said hereditaments and premises; and for the better management thereof

it is expedient that the said hereditaments and premises should be vested in trustees appointed by the said General Synod :

Trustees.

1. Now, therefore, be it enacted by the General Assembly of New Bishop of New Zealand, in Parliament assembled, and by the authority of the same, that it Zealand authorizes. shall be lawful for the said Bishop of New Zealand to convey and assure the coey to said hereditaments and premises, or any of them, to such trustee or trustees as the said General Synod shall appoint in that behalf'; subject, nevertheless, to all the trusts, and for the intents and purposes for which the same were respectively conveyed to, or are held in trust by, the said George Augustus, Bishop of New Zealand.

II. And be it enacted that the trustees for the time being of the said Trustees to have hereditaments and premises shall have all and singular the powers of selling, power of wiling. exchanging, and leasing the said hereditaments and premises, or any part thereof, as are particularly described in the Schedule hereunto annexed.

&c.

III. The short title of this Act shall be the "Bishop of New Zealand Short tit Trusts Act, 1858."

SCHEDULE.

1. Any trustees or trustee may sell, and absolutely dispose of either together or in parcels, and either by public sale or private contract, all or any part of the said trust property in respect of which no trust shall have been created inconsistent with the exercise of his present power; or may exchange the said property, or any part thereof, for any other freehold hereditaments situate in the Colony of New Zealand; and give (out of any money in their hands applicable to such purpose) or receive any money by way of equality of exchange, and may execute all such conveyances as may be requisite for effectuating such sale or exchange.

2. Provided always that all money arising from such sale, or received by

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