CO885-(2-3) — Page 318

6

3. We think the Crown can create a Corporation solely in a Colony by the name of a Bishop, and his status, as a Corporation, would be recognized in Courts of Law, but he would have no coercive or other legal jurisdiction analogous to that which is exercised by a Bishop of the Established Church in England and Ireland.

We do not, however, think that any spiritual acts properly incident to the status and office of a Bishop, and which have been done by him, would be liable to be questioned in a Court of Law because he was not really a Diocesan Bishop.

4. The 4th section of the 59th George III is as follows:-

"Provided always that no person who after the passing of this Act shall have been ordained a deacon or priest by a Colonial Bishop, who at the time of such ordination did not actually possess an episcopal jurisdiction over some diocese, district, or place, or was not actually residing within such division, district or place, shall be capable in any way, or on any pretence whatever, of at any time holding any parsonage, or other ecclesiastical preferment within His Majesty's dominions, or of being a stipendiary curate or chaplain, or of officiating at any place, or in any manner, as a Minister of the Established Church of England and Ireland."

Having regard to the language in this statute, and to the Judgments in the Privy Council, we are of opinion that this question must be answered in the negative.

7. We answer this question in the negative.

Lastly. We do not think that the law is sufficiently clear to preclude the necessity We doubt the expediency of attempting any other legislation upon the subject.

of legislation for the objects referred to in the letter of Sir F. Rogers.

PUBLIC RECORD OFFICE

Reference -

TILITI

C.O.885

3 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO