CO885-(2-3) — Page 90

62

motion, until he shall be ordained according to the form and manner by law established in the Church of England." Every person so admitted must read the service once a month, administer the sacrament, &c. If he use any other order or form of Common Prayer, &c., than what is prescribed by the Liturgy," "being convicted thereof in the Supreme Court, or at the Assizes, he shall be, ipso facto, dis- abled to officiate in the Church and deprived of his benefice," and the Governor may present on the vacancy. Any person duly inducted into the rectory of any church shall be deemed to be the rector of any other church or churches in the same or any other parish, upon receiving the sanction of the Governor, and letters of institution from the Bishop. The remaining provisions of the Statute relate to rights in pews, and the creation of church corpo- ration to hold property.

.

I do not find in the "Revised Statutes " any pro- visions respecting the rights of other religious bodies.

63

ter's dwelling-house, glebe, &c., provided that he shall have no right to possess the same after his license shall be withdrawn, cancelled, or revoked

by the Bishop upor cause shown.

temporal

The Act 2 Vict., No. 7, regulates the “ affairs of the religious societies denominated Wes- leyan Methodists, Independents, and Baptists," through trustees

upon

the trusts to be set forth in

a model deed.”

The Act 8 Wm. IV, No. 7, regulates the temporal affairs of Presbyterian churches and chapels con- nected with the Church of Scotland “by enabling subscribers to chapels and seat-holders to elect trustees for the purpose, confining the duties of those trustees to the temporal affairs of the Churches." Ministers to be recognised by the "Presbytery of New South Wales," who can also

be judge of the qualification of trustees, and to nominate in certain cases.

This Act was amended by 4 Viet. No. 18, sub- stituting for the Presbytery "the Synod of Aus- tralia in connexion with the Established Church of Scotland," so soon as that body shall be formed.

PUBLIC RECORD OFFICE

Reference :-

JEC.O.885

2PUBLIC RECORD OFFICE, LONDON

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

NEWFOUNDLAND-PRINCE EDWARD'S

ISLAND.

I have not found any law passed in these Colonies on the subjects now under consideration.

VICTORIA.

Having been separated from New South Wales only in 1851, has the same laws in Church matters.

NEW SOUTH WALES.

Act "to regulate the temporal affairs of churches and chapels of the United Church of England and Ireland," & Wm. IV, chap. 5, (reciting a former general Church Act), makes provision for the appointment of trustees of Church property, and regulates the amount of free sittings, the mode of dealing with pew rights, glebes, burials, appoint- ment of churchwardens, and their powers, &c. It also enacts that no minister shall officiate unless licensed by the Bishop; and that a clergyman, as long as he shall be so licensed, shall have the minis-

TASMANIA.

No special Church of England legislation. The Act "to make provision for the support of certain ministers of the Christian religion, and to promote the erection of places of divine worship," 1 Vict.. No. 16, provides that when certain sums are raised

by subscription for the erection of places of public worship, contribution may be made thereto from public funds. It also establishes and regulates trusteeships, &c. Section 12 provides that salaries may be paid to the ministers of the churches of

Page 90Page 91

65

64

England, Scotland, and Rome, when their congre gations amount to a certain number; but no such salary shall be issued to any minister whose appointment shall not have been made in accordance with the laws and principles of the religious deno- mination to which he belongs," and confirmed by the Crown; nor continued, if it be certified by the proper ecclesiastical authority that such minister has been tried and found guilty, by competent authority, according to the laws and usages of the Church to which he belongs, of such misconduct or culpable neglect of duty as, according to the same laws and usages, renders the discontinuance of such salary proper."

." This Act has been subsequently amended. but not in material particulars.

NEW ZEALAND.

I am not aware of any existing legislation on the subject in this Colony. An Ordinance "to pro- mote the extension of Churches and Chapels, and

to provide for the maintenance of Ministers of Religion," seems to have been passed in 1843, but disallowed.

1

SOUTH AUSTRALIA.

Ordinance No. 10 of 1847, “to promote the building of Churches and Chapels for Christian Worship, and to provide for the maintenance of Ministers of the Christian Religion,” relates chiefly to the regulation of trusteeships. It gives, however, power to the Government to aid by contributions the erection of churches &c., for Christian worship, and for certain stipends; but this provision was temporary only, and expired in 1850, since which time the maintenance of religion in South Australia has been wholly voluntary. No special Church of England legislation.

WESTERN AUSTRALIA.

Seems to have followed the example of South Australia, both in its mode of provision for religious worship (4 Vict. No. 6), and in having repealed the provisions for the payment of stipends. No special Church of England legislation.