Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VII. The Church in the dominions

Collection:: Economics Books

car. 1] THE CHURCH IN THE DOMINIONS 1441 that rights were to be dependent upon or to be measurable or determinable by the opinion of a designated organ of the general body, conveniently called a domestic tribunal. There was no principle which rendered illegal a provision, not that a person should not appeal to the Courts of the land, but that if he did so appeal he should cease to be a member of the body which he had joined. Thus the English Church in the Colonies is a voluntary association and has no coercive power. The rights of ‘its members depend upon the constitution of the Church, which by becoming members they accept, and they will be inter- preted according to the ordinary principles of law by the Courts of the Dominions! X 2. Tur PosrrioN or Cornoxiar CLERGY The position of Colonial clergy in England, which was very >bscure when the legal decisions established the distinction between the Church of England, in the true sense of the word, and the Churches in the Colonies which were not really parts of the Church of England, though it might be in communion with it, has been cleared up by the express provisions of the Colonial Clergy Act of 18742 That Act lays down definitely on what conditions Colonial clergymen can officiate in English churches and hold preferment, and as regards them the matter is regulated by statute and will not present substantial difficulties in future. It should be noted, however, that the anticipations of the Master of the Rolls in the case of the Bishop of Natal v. Gladstone have not Cf. Gladstone v. Armstrong and another, [1908] V. L. R. 454; Attorney- General v. Williams, 7S. R. (N. 8, W.) 826; Dunstan v. Houison, 1 8. R. ‘N.S. W.) (Eq.) 212; Fielding v. Houison, 7 C. L. R. 393; 7S. R. 677; Lindley v. Jones, 16 C. T. R. 695; Public Trustee v. Commissioner of Stamps, 26 N. Z. L. R. 778. Cf. 26 & 27 Vict. ¢. 121. ' 87 & 38 Vict. ¢. 77. The matter was discussed in 1867 ; see Hansard, ser. 3, clxxxvii. 256, 762. It was introduced by Lord Blachford in 1873 (Hansard, ccxvi. 484), and then was intended also to settle the position of episcopal property, which it purported to vest in the future elective bishops. But in 1874 that was left for the local legislatures ; see Hansard, cexviii, 1804 ; Parl. Pap., C. 979.

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