not be necessary to exhibit and annex their Letters of Orders,
Act on Institution, or Licence, as the case may be, and in giving
a general issue the Defendant shall be held to admit the same.
"23. In the event of an Appeal from any Decree or Order
made by the Judge, such Appeal must be asserted either at the
time of such Decree or Order being made, or by notice left in
the Registry within fifteen days from the time of such Decree or
Order, and the said Appeal must be duly prosecuted within one
month from the date of such Appeal being so asserted.

"24. If no such Appeal be prosecuted within the time limited by the preceding Rule, the proceedings shall be continued, or the Decree of the Court carried into effect, as if there had been no Appeal, unless Notice be previously lodged in the Registry, that the Proctor asserting the Appeal intends to make special application to the Judge for an extension of time, which application may be made in Chambers.

"25. When either of the parties is condemned in costs, the Proctor shall lodge his Bill of Costs in the Registry, and deliver a copy thereof to the other Proctor within fourteen days from the day of the Decree.

"26. The Registrar shall give notice to both Proctors of the time appointed for taxing the said Bill, and may proceed to do so (after such notice) in the absence of the Proctor of the party condemned in costs, and on the completion of such Taxation shall enter in the Notice Book his report of the amount to be allowed in respect of such costs.

"27. If either of the Proctors object to such Taxation, notice thereof shall be left in the Registry within ten days from the day of such Taxation, and the same shall thereupon be referred to the Judge, who may hear and determine on such objection in Chambers, but if no such notice be left, the Registrar's Taxation shall be conclusive.

"28. If the Proctor whose Bill of Costs has been taxed requires a Monition to enforce the payment thereof, he shall lodge

a written application in the Registry, and leave a copy thereof with the other Proctor within fourteen days from the time of the Registrar's Taxation or Judge's decision thereon, as the case may be.

"29. If a Proctor wishes to apply to have a party pronounced Special Notice for Contempt. in contempt for not having obeyed any Decree, Citation, Monition, Inhibition, Compulsory, or other Order of the Court, he shall leave a notice in the Registry containing full particulars of such intended application, and whether any and what notice thereof has been given to such party, and the date thereof.

Where party appears in per son, Rules to

“30. In case of a party appearing in person in any suit, either as Promoter or Defendant, the foregoing Rules and Regulations shall be applicable to and observed by such party as far apply. as circumstances will permit.

tices dated and

signed,

"31. All Notices, Declarations, &c., required by the fore- Forms of Nogoing Rules to be given by Proctors, shall be so given in Forms to be approved of by the Judge, and shall bear date on the day on which they are left in the Registry, and shall be signed by the Proctor or his substitute, and copies or duplicates of such Notices, &c., shall be given on the day they are so dated, and left in the Registry to the other Proctor in the cause.

"32. It shall be competent to the Judge, on application in Chambers, supported by Affidavits, if necessary, to shorten or extend the times fixed by the foregoing or subsequent Rules.

"33. The Registrar will enter in a book to be kept for that purpose the dates when the several Papers, Notices, &c., are filed, and the other proceedings taken, and report to the Judge in case of any delay or noncompliance with these Orders, who shall thereupon make such Orders for expediting the proceedings as he may see fit.

Judge may tend time.

shorten or ex

Notices to be

entered in a

book.

"34. The foregoing Orders will not be enforced from 15th Orders not to be enforced August to 15th October. from 15th

"35. The foregoing Rules and Regulations shall be ob- August to 15th

A A

October.

Rules to apply served, as far as practicable, where the proceedings are by

to Petitions.

Notices and

Forms to be followed.

Petition and Affidavits.

"36. The Notices and Forms annexed to these Rules and Regulations shall be followed as near as the circumstances of each case will permit."

CHAPTER V.

THE CHURCH DISCIPLINE ACT.

3 & 4 VICTORIA C. 86.

SECTION I.-General Notice of the Act.

HE Church Discipline Act, with respect to Ecclesiastical offences committed, or alleged to have been committed, by persons in holy orders, abolishes every species of Ecclesiastical process other than that indicated by itself. Section 23 enacts: "That no criminal suit or proceeding against a clerk in holy orders of the United Church of England and Ireland, for any offence against the Laws Ecclesiastical shall be instituted in any Ecclesiastical Court otherwise than is hereinbefore enacted or provided."

All criminal cording to the

suits to be ac

Act.

must be

initiated

As to the commencement of proceedings, it is enacted "that in Proceedings every case of any clerk in holy orders of the United Church of England and Ireland who may be charged with any offence against the Laws Ecclesiastical, or concerning whom there may exist scandal or evil report as having offended against the said laws, it shall be lawful for the bishop of the diocese within which the offence is alleged or reported to have been committed, on the application of any party complaining thereof, or if he shall think fit of his own mere motion, to issue a commission under his hand and seal to five persons, of whom one shall be his vicar-general, or an archdeacon, or rural dean within the diocese, for the purpose of making inquiry as to the grounds of such charge or report." (x)

In other words, proceedings must be begun by the bishop, by the Bishop. (x) Section 3.

How proceed

ings are

initiated.

Commissioners to hold preliminary enquiry.

Sentence pronounced by

consent.

Subsequent proceedings.

either at the prompting of some third person, or of his own accord acting upon common report. And such proceedings may be initiated either

1. By the issue of a preliminary commission of inquiry, as here set forth; or

2. By sending letters of request in the first instance to the Court of Appeal of the Province. (y)

The commissioners shall give seven days' notice to the accused person before their meeting; they are to conduct the inquiry in public unless at the special application of the accused party; they are to examine all the witnesses tendered upon oath or affirmation, and the party accused may also examine them. (z)

After the inquiry is over the said commissioners or any three of them shall transmit to the bishop under their hands and seals the depositions of witnesses taken before them, and also a report of the opinion of the majority of the commissioners. present at such inquiry, whether or not there be sufficient primâ facie grounds for instituting proceedings against the party accused; and such report shall be filed in the registry of the diocese; and that if the party accused shall hold any preferment in any other diocese or dioceses, the bishop to whom the report shall be made shall transmit a copy thereof, and of the depositions, to the bishop or bishops of such other diocese or dioceses. (a)

Upon the receipt of the commissioners' report the bishop may by consent of both parties, the complainant and the accused, pronounce sentence, not exceeding the legal penalty if any. (b) If this consent be refused, supposing there are proper grounds for complaint, then either the bishop may try the case, either 1. By himself with the assistance of certain assessors (c); or 2. Under special circumstances by his commissary appointed (a) Section 5.

(y) Section 13.
(b) Section 6.

(z) Section 4.
(c) Sections 9 & 11.