CO885-(11-13) — Page 579

1366.

༄། ། ། :། ། །

PUBLIC RECORD OFFICE

باسل

Reference :--

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

1

MY LORD,

No. 286.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, 22nd January 1883.

**

WE were honoured with commands from Lord Kimberley signified in Mr. Wingfield's letter of the 20th November last, stating that he was directed to transmit to us, for our consideration, copies of three Acte passed by the Legislature of Canada, entitled respectively "An Act respecting Queen's College at Kingston ; ' "An Act to amend the Act of the late Province of Canada intituled 'An Act to 'incorporate the board for the management of the Temporalities Fund of the 'Presbyterian Church of Canada in connection with the Church of Scotland' and "the Acts amending the same; " and "An Act to amend the Act of the late Province " of Canada intituled 'An Act to incorporate the managers of the Ministers' Widows' " 'and Orphans' Fund of the Synod of the Presbyterian Church of Canada in

'connection with the Church of Scotland' and amendments thereto."

46

46

That Mr. Wingfield was also to enclose a copy of a Despatch, with its enclosures in original, from the Deputy Governor-General of Canada, forwarding, in accordance with the recommendation of a committee of the Dominion Privy Council, a memorial from the Reverend Gavin Lang, purporting to be on behalf of the members and adherents of the Presbyterian Church of Canada in connection with the Church of Scotland, and, on behalf of the Synod of that Church, putting forward, for the consideration of the Secretary of State, objections to the above-mentioned Acts with a view to their being disallowed by Her Majesty in Council, with other documents referred to in that

memorial.

That Mr. Wingfield was to request that we would take those papers into our consideration, and inform Lord Kimberley whether in our opinion Her Majesty should be advised to exercise her power of disallowance in respect of the above-mentioned Acts or any of them.

That copies of the Provincial Acts, and of the Lettera Patent incorporating Queen's College at Kingston, were enclosed for reference.

In obedience to Lord Kimberley's commands we have the honour to

Report

That we do not think that Her Majesty should be advised to exercise her power of disallowance in respect of the above-mentioned Acts or any of them.

It is desirable in the first instance to consider the precise effect of the decision of the Privy Council, upon which so much reliance is placed by those who urge that the Acts should be disallowed.

The trusts of the Temporalities Fund of the Presbyterian Church of Canada in connection with the Church of Scotland were, in the first instance, regulated by an Act of the Province of Canada, 22 Vict. c. 66.

At the time this Act was passed the Presbyterian Church of Canada in connection with the Church of Scotland was a voluntary association, and, whatever its connection with the Church of Scotland, there was no legal relation between the two bodies.

The management and appropriation of its funds were, however, controlled by statute, and there could be no lawful alteration, either in their management or disposal, except under statutory authority. Accordingly, after the alleged union of the Presbyterian Church of Canada in connection with the Church of Scotland with other Presbyterian Churches in Canada, statutes were passed by the Legislatures of Quebec and Ontario, modifying the provisions of the Act of the Province of Canada above referred to in relation to the fund dealt with by that statute. The only question determined by the Privy Council was that the two statutes passed by the Provincial Legislatures were unconstitutional and invalid, inasmuch as they were not within the legislative power vested in them.

▲ 12916-266. 95.-19/64.