418
THE NEW ZEALAND GAZETTE.

the advice and consent of the Executive Council, and
in exercise and pursuance of the power and authority
in this behalf in him vested, doth hereby direct that
the provisions contained in the sections of the said
Act numbered from twenty-one to forty-five, both
inclusive, shall be put in force in the Province of
Canterbury.

FORSTER GORING,
Clerk of the Executive Council.

Reserve for a Site for Railway Terminus at Foxton.

NORMANBY, Governor.
ORDER IN COUNCIL.

At Wellington, this twenty-third day of June, 1875.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Waste Lands Act, 1858,"
it is enacted that it shall be lawful for the
Governor in Council, at any time and from time to
time, to except from sale, and either reserve to Her
Majesty or dispose of in such other manner as for
the public interest may seem best, such of the waste
lands of the Crown in any of the provinces of the
colony as may be required for the purposes of
military defence, or for the construction of trunk
lines of road, or as sites for public buildings for
the use of the General Government, or for other
purposes of public utility or convenience:

Now therefore, His Excellency the Governor, by
and with the advice and consent of the Executive
Council of the colony, in exercise and pursuance of
the power and authority in that behalf vested in
him, doth hereby except from sale and reserve to Her
Majesty the parcel of the waste lands of the Crown
particularly specified and described in the Schedule
hereunder written, for the purpose in the said
Schedule mentioned, and set opposite the description
of the said parcel of land.

SCHEDULE.

Description of Reserve. | Purpose of
Reserve.
---|---
PROVINCE OF WELLINGTON, TOWNSHIP
OF FOXTON. | Foxton Termi-
| nus of the Foxton
All that parcel of land coloured red in | to Manawatu Rail-
the plan attached hereto, situate within the | way.
Township of Foxton, in the Province of
Wellington, in the Colony of New Zealand,
containing by admeasurement thirty-five
(35) perches or thereabouts. Bounded-
Northerly by Section No. 114, one hundred
and ninety-eight (198) feet or thereabouts;
Easterly by public road, forty-nine (49) feet
or thereabouts; Southerly by Reserve for
Public Buildings, one hundred and ninety-
eight (198) feet or thereabouts; Westerly
by land appropriated to the Emigrant and
Colonist's Aid Corporation, and Section No.
115, forty-nine (49) feet or thereabouts, all
being within the aforesaid Township of
Foxton. |

FORSTER GORING,
EDWARD RICHARDSON.
Clerk of the Executive Council.

Despatch from the Secretary of State.

Colonial Secretary's Office,
Wellington, 23rd June, 1875.

THE following Despatch from Her Majesty's
Principal Secretary of State for the Colonies,
with its enclosure, is published for general informa-
tion.

DANIEL POLLEN.

[CIRCULAR.]

Downing Street, 27th October, 1874.

SIR,—I have the honor to enclose, for your infor-
mation, the copy of an Act passed during the last
session of Parliament, intituled "An Act respecting
Colonial and certain other Clergy."

2. Under various Acts of Parliament, and especially
   under the Acts 59 Geo. III. c. 60, and 3 and 4
   Vict. c. 33, various disqualifications are imposed on
   persons ordained by Bishops not being Bishops of
   the Established Church (as it then was) of England
   and Ireland.

3. The Act of 59 Geo. III., in particular, declared
   (section 4) that a clergyman ordained by a colonial
   Bishop, not having a diocesan jurisdiction, or not
   residing within the limits of that jurisdiction, should
   be absolutely disqualified from holding English pre-
   ferment, or from officiating as a minister of the
   Established Church.

4. But the Judicial Committee of the Privy
   Council have recently declared that by erecting
   in any colony a Representative Legislature, Her
   Majesty deprives herself of the power of giving
   episcopal jurisdiction, or of creating or subdividing
   bishoprics. The consequence is, that a large number
   of dioceses, created or supposed to have been
   created in Canada, Australia, and elsewhere since
   the establishment of representative institutions, are
   badly created, and the Bishops of those dioceses
   without legal jurisdiction. Persons ordained by
   them are consequently subject to the absolute dis-
   qualification for English employment imposed by the
   Act of 59 Geo. III.

5. And this disqualification would have been
   extended still further by the determination of Her
   Majesty's late Government, which I apprehend to
   have been taken in consequence of the decision to
   which I have referred, to discontinue the practice of
   appointing Bishops by Letters Patent.

6. The great and ever increasing hardship thus
   imposed on the colonial clergy was so obvious, that I
   had much pleasure in supporting a Bill introduced
   for the purpose of removing it, which, after some
   alterations, has been enacted by Parliament in the
   shape in which I now transmit it to you.

7. You may not improbably be aware that this
   Act was prepared and conducted through the House
   of Lords by Lord Blachford, to whose great acquaint-
   ance with the subject to which it relates, and acknow-
   ledged ability in dealing with it, I need not further
   refer.

8. The Act does not touch the Irish or the Scottish
   Episcopalian Churches. But, subject to this excep-
   tion (and, of course, to the distinction between priest
   and deacon), it places on the same footing, with
   regard to English employment, all valid episcopal
   ordinations, whether colonial or foreign.

9. A priest, or deacon, who has not received his
   ordination from a diocesan Bishop of the English,
   Irish, or Scottish Episcopalian Church, cannot exer-
   cise his functions in a church or chapel of the
   Church of England, except under the following
   limitations:—

(1.) He cannot receive preferment, or act as
curate in the English Church, without
the written consent of the Diocesan, who
is not required by the Act to give any
reason for giving or withholding such
consent.

(2.) He cannot officiate in an English church or
chapel without obtaining permission from
the Archbishop of the province, and
making a declaration of conformity,
unless he holds, or has held, preferment
or a curacy.